Maybe you have heard of “probable cause” before? Here is an explanation of probable cause and what it means for you.
Probable cause is an important legal standard that members of law enforcement must have before conducting a search or before arresting a person. This provides individuals with protection from arbitrary actions of law enforcement—and the government more broadly.
Probable cause to search an individual requires that law enforcement has facts and evidence that the subject of the search will likely contain evidence of a crime. It does not mean that the search must lead to the discovery of illegal evidence (like stolen items from a store), only that it probably will, based on the information that the police have already gathered. Sometimes, law enforcement officers will apply for a search warrant before conducting a search, though not necessarily in every case and depending on the circumstances. Law enforcement is required to show that they have probable cause for a warrant application to be approved by a Judge.
Probable cause to arrest someone, on the other hand, requires that law enforcement has proof that the subject of the arrest has committed, or is about to commit a crime. Again, this requires law enforcement to have some evidence of wrongdoing, beyond just a suspicion.
It’s important to know that a search or arrest without probable cause can be illegal. But in some situations, an exception to the probable cause requirement may apply, making the search legal, even without probable cause.
A lot of these exceptions to the probable cause standard exist, which can make it confusing to determine whether an exception might apply in your case. So, if you believe you were the subject of an unlawful search or arrest, you should seek the help of legal counsel.
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