90. probable cause

What is Probable Cause?

Probable cause is a legal standard used to determine whether law enforcement has sufficient reason to arrest someone, conduct a search, or obtain a warrant. It requires a reasonable belief, based on facts or evidence, that a person has committed a crime or that evidence of a crime is present in a particular location.

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Key Features of Probable Cause

✔ Standard of Proof: It's a lower standard than "beyond a reasonable doubt" but higher than mere suspicion. ✔ Search & Seizure: Police need probable cause to conduct searches and make arrests without a warrant. ✔ Judicial Approval: Probable cause must be established before a judge will issue a warrant. ✔ Subjective & Objective: Both the facts available to law enforcement and their interpretation must be reasonable.

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Examples of Probable Cause in Action

• Traffic stop leading to arrest after police detect the smell of drugs in a car.

• Obtaining a warrant to search a home based on credible tips about illegal activity.

• An officer witnesses suspicious behavior and believes a crime is in progress, justifying an arrest.

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5 Reference Pages for Probable Cause with URLs

1. Legal Information Institute – Probable Cause

   • URL: https://www.law.cornell.edu/wex/probable_cause

   • Explanation: Defines probable cause and explains its application in law enforcement and court proceedings.

2. FindLaw – What is Probable Cause?

   • URL: https://www.findlaw.com/criminal/criminal-rights/probable-cause.html

   • Explanation: Covers the definition, requirements, and scenarios where probable cause is necessary.

3. Justia – Probable Cause

   • URL: https://www.justia.com/criminal/probable-cause/

   • Explanation: Explains how probable cause works in criminal law, including arrests and search warrants.

4. United States Courts – Criminal Law & Probable Cause

   • URL: https://www.uscourts.gov/glossary/probable-cause

   • Explanation: Provides a definition and discusses how probable cause is applied in criminal cases.

5. Wikipedia – Probable Cause

   • URL: https://en.wikipedia.org/wiki/Probable_cause

   • Explanation: Offers a detailed overview of the concept, including its historical development and application in various legal contexts.

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