Definition
Probable cause is a constitutional standard used for arrests, searches, and warrants. It requires more than a hunch but less than proof beyond a reasonable doubt.
Political Dictionary
Probable Cause
Probable cause is a reasonable basis to believe a crime occurred or evidence will be found.
Why It Matters
It limits government intrusion while allowing effective law enforcement.
How It Works
Judges and officers evaluate the totality of circumstances.
History
The standard developed through common law and Fourth Amendment jurisprudence.
Example
Matching eyewitness information and physical evidence may establish probable cause.
Common Misconceptions
- Probable cause means certainty.
- It is the same as reasonable suspicion.
- Any accusation creates probable cause.
Related Terms
Related Topics
See Also