The Constitution protects you from being searched without a valid reason. But what exactly constitutes a valid reason? A probable cause.
This guide explains what probable cause is and what it requires, along with examples and a look at the warrant rule and its exception.
What Is Probable Cause?
Police arrests, searches, and seizures are based on the legal requirement of “probable cause,” as set forth in the Fourth Amendment to the United States Constitution:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
Definition
The Fourth Amendment states that probable cause must exist before police can arrest a person, search a person or their property, seize property, or obtain a warrant.
Probable Cause for Arrest: Probable cause for arrest arises when a police officer knows facts and circumstances that would lead a reasonable individual to believe that the suspect has committed, is committing, or is attempting to commit a crime. The standard of probable cause applies to both misdemeanor and felony offenses.
Probable Cause To Search a Person or Property: Probable cause to search exists when the facts and circumstances known to the law enforcement officer would lead a reasonable person to suspect that they committed a crime at the location to be searched or that evidence of a crime is likely to be found there.
Examples of Probable Cause
Behavior and conduct–A law enforcement officer stops an individual for a driving violation. The officer sees or smells drugs in the front seat or observes signs of intoxication, such as slurred speech, that strongly suggests potential involvement in DUI (Driving Under the Influence). The drugs (or their smell), or the driver’s visible impairment, serves as probable cause, justifying a vehicle search and arrest.
Physical evidence–A law enforcement officer witnesses a possible heist involving a gun and a convenience store employee. This illicit activity provides probable cause for the officer to make an arrest.
Warrants and Probable Cause
With limited exceptions, the law requires that police officers obtain a search warrant before conducting a search. However, a judge can issue a search warrant only if there is probable cause—sufficient information indicating that evidence of a crime may be found during the search.
Similarly, before making any arrest, police officers must obtain an arrest warrant, if possible. However, there must be probable cause to believe the individual committed a crime.
To obtain a warrant, a police officer must sign an affidavit detailing the facts observed. This affidavit may encompass information gathered from citizens or police informants, bolstering the officer’s assertion of probable cause for a search, property confiscation, or arrest. The officer will then present this documentation to a judge or magistrate.
Upon receiving the affidavit, the judge or magistrate will review it to ascertain probable cause based on the “totality of the circumstances.” The judge relies on the police officer’s honesty in providing accurate information. If the judge determines probable cause exists, they will issue an arrest or search warrant.
Exceptions to the Warrant Rule
In certain circumstances, probable cause can justify a search or seizure without a warrant. If an individual is detained without a warrant, they are entitled to be promptly brought before a competent authority for a judicial determination of probable cause.
Stop and Frisk
Police may stop a suspect if there is a reasonable suspicion of criminal behavior, and the officer can describe the circumstances supporting such suspicion. The standard of proof for “reasonable suspicion” exceeds mere speculation but falls short of that required for probable cause. However, if there are grounds to believe that the individual may be armed and pose a threat, the police are authorized to frisk the suspect.
Consent
If an officer reasonably believes that a person with the authority to offer consent has provided permission, a search and seizure can be conducted without a warrant.
Plain View
If the police are in a location where they have the legal right to be, they are not required to obtain a warrant to seize any visible evidence. However, if an officer is not authorized to enter an area, e.g., a suspect’s backyard, they cannot use the plain view exception to seize illegal items, such as an alligator living in the pool.
Exigent Circumstances/Hot Pursuit
Evidence that might be easily moved, destroyed, or otherwise made useless before a warrant can be issued may be seized without a warrant. Furthermore, if law enforcement officers are in pursuit of a suspect and enter private property, the pursuit may continue without a warrant, regardless of whether the suspect has any connection to the property owner.
Search Incident to an Arrest
A warrant is not required for a search made at the time of a lawful arrest. The police can search the individual and the surrounding area within reach of the person being arrested, commonly referred to as their “wingspan.”
Automobile Searches
Commonly referred to as the “automobile exception,” this legal rule allows authorities to search vehicles, including boats, without a warrant if they have probable cause to believe that the vehicle contains evidence of a crime, the tools used to commit a crime, contraband, or the proceeds of a crime. This rule applies to all types of vehicles.
Seek Legal Assistance for Probable Cause Concerns
If you believe your constitutional rights have been infringed upon during a search or seizure, it’s important to contact a criminal defense lawyer without delay. Legal experts possess the knowledge and experience to assess your situation, guide you through the legal process, and advocate on your behalf. By seeking the support of a proven attorney, you can navigate the complexities of probable cause issues with confidence, knowing that your rights are being defended.
FAQs
What is probable cause?
In United States criminal law, probable cause is the legal standard that police must meet to arrest an individual, search an individual or their property, or seize property.
What does it mean when probable cause is found?
Once probable cause is found, it means that the police may arrest an individual and/or search the individual and/or their property. Probable cause means there is sufficient evidence that the person to be arrested has committed, or is about to commit a crime, or that evidence of a crime is present in a location to be searched. In most cases, probable cause is decided by a judge who will issue a warrant; in limited exceptions, police may conduct warrantless arrests or searches.
What is an example of probable cause?
One example of probable cause is when a law enforcement officer witnesses a suspect commit a possible heist with a gun in a convenience store. This unlawful act witnessed by the officer constitutes probable cause for arrest.
What happens if you are searched without probable cause?
If you are arrested and searched without probable cause, any evidence collected must be suppressed and cannot be used against you in court.