Understanding Probable Cause
Probable cause laws are established to protect the rights of citizens, as well as the rights of officers involved, when there is reason to believe a crime has been committed. It is the legal standard by which a police officer has the right to make a stop, arrest, conduct a property or personal search, or obtain a warrant for arrest. When there is sufficient reason, based on known facts, that a person has committed a crime or a property is connected with a crime, there may be probable cause. Our experienced law firm at the Lake of the Ozarks would like to highlight some key factors surrounding "probable cause" to help you understand the topic. For more information, please contact the law offices of Phillips, McElyea, Carpenter, & Welch, PC.
A warrant may be required by law enforcement prior to a search, under some circumstances. This all begins with probable cause.
When an officer has a "hunch," or is acting based on his or her own opinion, probable cause is subjective. For a lawful arrest to occur, facts and circumstances must be sufficient enough to lead a reasonable person to suspect that a crime has been, is being or is about to be committed. With evidence, that "hunch" may become probable cause.
Someone arrested for, or charged with, a crime without probable cause may have cause for a civil claim based on false arrest or malicious prosecution.
Similarly to conducting an arrest, probable cause to search may exist when a police officer has fact based evidence and the circumstances would cause a reasonable person to believe that a crime was committed at the location, or evidence of a crime exists at that specific location.
A search warrant may be secured prior to law enforcement’s search; however, there are many instances when a warrant is not required. Common situations include:
⦁ When a person consents
⦁ When contraband is “in plain sight” and the officer has a right to be at the location
⦁ When a search is conducted in connection with a lawful arrest
⦁ In an emergency situation which threatens public safety or the loss of evidence
Probable cause can exist even if there is doubt in the officer’s mind. More specifically, probable cause does not have to be the equivalent of absolute certainty. The courts will determine whether probable cause existed or if the person in question has rights that have been infringed.
A person cannot be arrested, prosecuted or sued in civil court unless and until probable cause is determined to be sufficient.
There are many situations when law enforcement is required to have a warrant to search your person or your property, but in some instances, like a traffic stop for example, police may have other reasons to legally search your vehicle. With quality information and a certain amount of evidence, police may legally arrest and/or charge someone with a crime, or search and/or seize their property reasonably believed to be the scene of or related to a crime.
Consenting to a search typically makes the search legal. You have the right to refuse a search. Determining whether actions by law enforcement were supported by probable cause often depends on the unique facts of your case. To learn more about probable cause and how this important concept may relate to your case, contact one of our Lake of the Ozarks criminal defense lawyers today by calling 573-346-7231.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.
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Warrant
A warrant may be required by law enforcement prior to a search, under some circumstances. This all begins with probable cause.
Probable Cause to Conduct a Traffic Stop
When an officer has a "hunch," or is acting based on his or her own opinion, probable cause is subjective. For a lawful arrest to occur, facts and circumstances must be sufficient enough to lead a reasonable person to suspect that a crime has been, is being or is about to be committed. With evidence, that "hunch" may become probable cause.
Someone arrested for, or charged with, a crime without probable cause may have cause for a civil claim based on false arrest or malicious prosecution.
Probable Cause Search
Similarly to conducting an arrest, probable cause to search may exist when a police officer has fact based evidence and the circumstances would cause a reasonable person to believe that a crime was committed at the location, or evidence of a crime exists at that specific location.
A search warrant may be secured prior to law enforcement’s search; however, there are many instances when a warrant is not required. Common situations include:
⦁ When a person consents
⦁ When contraband is “in plain sight” and the officer has a right to be at the location
⦁ When a search is conducted in connection with a lawful arrest
⦁ In an emergency situation which threatens public safety or the loss of evidence
Probable Cause is Not Absolute Certainty
Probable cause can exist even if there is doubt in the officer’s mind. More specifically, probable cause does not have to be the equivalent of absolute certainty. The courts will determine whether probable cause existed or if the person in question has rights that have been infringed.
A person cannot be arrested, prosecuted or sued in civil court unless and until probable cause is determined to be sufficient.
Understanding Probable Cause
There are many situations when law enforcement is required to have a warrant to search your person or your property, but in some instances, like a traffic stop for example, police may have other reasons to legally search your vehicle. With quality information and a certain amount of evidence, police may legally arrest and/or charge someone with a crime, or search and/or seize their property reasonably believed to be the scene of or related to a crime.
Consenting to a search typically makes the search legal. You have the right to refuse a search. Determining whether actions by law enforcement were supported by probable cause often depends on the unique facts of your case. To learn more about probable cause and how this important concept may relate to your case, contact one of our Lake of the Ozarks criminal defense lawyers today by calling 573-346-7231.
Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.
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