In a recent blog post, this blog explained that in order to get a valid warrant police had to prove to a judge that they had probable cause that a crime had occurred or was about to occur. Without proper probable cause, police could not obtain a warrant and, therefore, could not legally search a person or the person's property.
Probable cause is a requirement created by the United States' Constitution. Specifically, by the Fourth Amendment. Generally, it means that police must have enough of a reason to act. But it also means that police must have quality information. In most cases, a police officer's hunch or suspicion is not enough to meet the probable cause requirement.
While probable cause is necessary in order to obtain a search warrant, it is also necessary in other situations. One, an officer must have probable cause in order to arrest someone. This means that officers must have information that a person has committed a crime, is going to commit a crime or is committing a crime. This information must be such that a reasonable person could come to the same conclusion.
In addition to arrests and searches, officers also need probable cause to seize a person's property. In these cases, an officer must have enough information or facts that would cause a reasonable person to think that a particular piece of property is evidence that crime was committed, is stolen or is contraband.
If police officers fail to uphold these probable cause rules, their behavior may be deemed illegal. In these cases, evidence can be suppressed and charges could be dropped. People facing criminal charges should ensure that police acted properly and had probable cause as part of a comprehensive criminal defense strategy.
Source: Findlaw.com, "Probable Cause," accessed Nov. 30, 2014
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