30 Oct What Is the Definition of Probable Cause?
If you’ve ever been pulled over and had your car searched or been arrested for a crime, you may be wondering if your rights were violated. The Fourth Amendment states that probable cause must be established before a warrant can be issued. But what is probable cause, in the first place?
What Does Probable Cause Mean?
Law enforcement must have “probable cause” in order to:
- Make an arrest
- Conduct a search
- Gain a warrant
The notion of probable cause is flexible. However, the general rule is that an officer must have a reason to think that a crime has been committed.
If an arrest or search was made without probable cause, you can ask your lawyer to challenge the officer’s decision.
If any information or evidence was gathered without probable cause, that evidence will be suppressed. When evidence is suppressed, it does not affect the court’s decision.
Can an Officer Search My Vehicle without a Warrant?
Yes, they can, but only if they have probable cause. Probable cause can exist when the officer has reason to believe that the search will result in the discovery of evidence or a crime.
One thing to keep in mind is that consent qualifies as probable cause. If you’ve been pulled over, the officer may try to intimidate you into accepting a search of your vehicle. If you consent, they can search your vehicle. The officer is not required to inform you of your right to refuse. However, if they ask for permission to search your vehicle, you can say, “Officer, I do not consent to a search.”
Can probable cause be established after a search or arrest?
Yes, probable cause can be established after the fact. In urgent circumstances, an arrest or search may happen before a warrant can be obtained. In these cases, a neutral authority will determine if probable cause existed.
Has Your Vehicle Been Searched without Probable Cause?
Talk to your lawyer and ask to file a motion to suppress. Todd Coolidge has helped hundreds of people in the state of Arizona. If there is a violation of your constitutional rights, Mr. Coolidge will find it. Don’t mess around when it comes to your future. Let a Certified Criminal Law Specialist handle your case.