Define and describe probable cause

Updated: 10/23/2022
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11y ago

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Probable cause refers to the standard by which a police officer has the right to make an arrest, conduct a personal or property search, or to obtain a warrant for arrest. It is also used to refer to the standard to which a grand jury believes that a crime has been committed.

Added: Probable cause is the standard used in justifying certain police actions. For example, police need to have probable cause to believe evidence of a crime exists when making an arrest or in requesting a search warrant.

Probable Cause is more than mere suspicion but less than the amount of evidence required for conviction.

For example: A police officer may use "probable cause" to arrest someone for attempted theft when he finds someone trespassing on private property late at night wearing a stocking mask. Using this probable cause as justification for stopping the subject and, searching them, they find them in possession of burglary tools, thereby justifying the probable cause forcible stop.

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Q: Define and describe probable cause
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A cause makes an effect happen, and an effect comes about as a result of a cause.

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The police officer has to have probable cause to believe a particular person commited the crime in question. In court, probable cause is NOT enough to convict you of the same crime.

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Define probable cause for an arrest?

Probable cause is the level of evidence held by a rational and objective observer necessary to justify logically accusing a specific suspect of a particular crime based upon reliable objective facts. It is more than mere suspicion but sometiomes less than the amount of evidence required for conviction. See related link below;

How was probable cause established?

Probable cause is determined by a statement of the facts in a case, including how much evidence the police have to prove their case. Probable cause is the determination that it is likelier than not a person has committed a crime or is committing a crime. There are different levels of probable cause, including for search warrant and for an arrest warrant. A probable cause for a search warrant isn't necessarily a probable cause for an arrest, and vice versa

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No. The fact that it is plain view is the probable cause.

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What if a cop makes up a probable cause to pull you over how can you prove that he had no probable cause?

Difficult and expensive to prove lack of probable cause. Probable cause can be anything from suspicious activity in the vehicle to weaving while driving or failure to signal. I am sure you could find a lawyer who would try but I am also sure the judge would eventually find for probable cause in the end.