What You Need to Know About Probable Cause

Before the police can make an arrest, they must have enough reason to believe that you are involved in criminal activity. This is known as probable cause. To search your property, law enforcement officers must also show probable cause to get a search warrant. The probable cause requirement protects you against unreasonable searches and warrantless arrest.

Unfortunately, sometimes, the police don’t follow the rules and conduct illegal searches or arrest someone without evidence of a crime. If the police violate your rights during an arrest, talk to a criminal defense lawyer for legal advice.

What Is Probable Cause?

You have privacy rights over your property. If police want to question you or search your property, there are limits to where and when the police can search. The Fourth Amendment of the U.S. Constitution prohibits unreasonable search and seizure. Generally, the police must have a search warrant to search your property.

To get a search warrant, law enforcement must show a judge they have probable cause. Probable cause is the legal justification for why the police can search you. However, the term does not have a strict definition. Instead, judges can determine whether there are enough articulable facts that a reasonable person believes the search is justified.

If police and prosecutors can show a judge enough evidence that it’s reasonable to suspect you of a crime, the judge may find probable cause and grant a search warrant. This allows police to search you or your property outlined in the warrant. Probable cause requires more than just reasonable suspicion.

Search Warrants Obtained With Probable Cause

If law enforcement discovers evidence during an illegal search, the judge may bar the evidence from trial. If there is evidence against you, knowing when law enforcement violated your rights is crucial.

Before conducting their search, law enforcement officials should show you a copy of the search warrant. It should have a judge’s signature, set the boundaries of the search, and state the nature of the criminal activity. If they don’t have a warrant, you can refuse the search.

The searches must also be reasonably conducted. You can take notes of how officers conduct the search and where they search.

Are There Exceptions to Warrant Requirements?

Probable cause is among the most common ways police conduct legal searches and seizures. However, exceptions to the probable cause requirement can allow police officers to legally search without a warrant.

Consent to Search

If you give police permission to conduct a warrantless search, you may waive a claim based on your Fourth Amendment rights. If the police ask you if they can look around your property without a warrant, you can say no. The police are not required to inform that you have the right to refuse.

You don’t have to consent to a search without a warrant. It may also be an illegal search if you show that the police coerced you into giving consent.

Search Incident to Arrest

A search incident to arrest means that the arresting officer can search the arrestee during the arrest. The search is to prevent harm to the arresting officer or destruction of evidence. For example, a police officer could search the arrestee’s pockets to ensure they have no weapons.

Evidence in Plain View

Officers may conduct a search and arrest you if evidence of an illegal activity is in plain view. If they can see contraband out in the open, they may conduct a search and arrest without a warrant. There are three requirements for a plain-view search:

• The officer must be present legally where they see the open evidence
• The officer must have a legal right to access that evidence
• It must be immediately obvious that the evidence is illegal

For example, if the police pull you over for speeding and see drugs on your back seat, they may conduct a search because the drugs were in plain view during the traffic stop.

How Do Police Show Probable Cause?

In the U.S. Supreme Court decision of Illinois v. Gates, the standard for probable cause based on an informant’s information is based on the totality of the circumstances. A judge must consider all of the information in an affidavit, including the informer’s reliability, credibility, and basis of knowledge.

What Happens If the Police Don’t Have Probable Cause?

If the police don’t have probable cause to search and don’t meet any of the exceptions, they may have committed an unlawful criminal investigation. If you are charged with a crime based on unlawfully gained evidence, your criminal law attorney can challenge the evidence in court. Evidence from an unlawful search can be kept out of court. Without the evidence, the prosecutor may have no option but to drop the criminal charges.

For more information about probable cause and arrest warrants, speak with a criminal defense attorney for legal advice.