What Is Probable Cause?
What is probable cause? We hear the term regularly on crime shows and the like, but what does it mean in practical terms? The fact is, probable cause is a legal standard. It must be more than a reasonable suspicion, but needn’t exist as proof beyond a reasonable doubt. Probable cause signifies, then, a strong enough belief that either evidence of criminal activity, or criminal activity itself, will be found in a particular location. The standard is an attempt to balance public safety and individual privacy.
More Details
So what differentiates probable cause from a good old-fashioned hunch? There must be clear and specific evidence leading to an officer’s actions based on probable cause. But more than any particular detail, the totality of the circumstances must guide law enforcement. They can make determinations based on observations, statements from witnesses, or other sources that are relevant and reliable. They may make inferences based on the circumstances and facts at hand. Their background and training may help them to determine the validity of their conclusions.
What Is and Is Not Probable Cause?
| Probable Cause | No Probable Cause |
| Officer observes a car meandering across lanes repeatedly. | Officer observes a young, male driver in an expensive-looking sports car. |
| Officer observes someone trying to break into a parked vehicle on a dark street. | Officer observes a group of dark-skinned teens walking on a dark street. |
| Officer gets a reliable tip that drugs are located in a particular place. | Officer observes people coming and going from a certain location. |
| A darkly clad individual is observed running with a backpack in the vicinity of a home that was broken into at 2 a.m. | A jogger is seen in shorts and a t-shirt in the vicinity of a home break-in on a Sunday afternoon. |
Arrests
Arrests, with or without warrants, must be based on probable cause. Importantly, the totality of the circumstances is the basis for any arrest, not single strands of evidence. If an arrest is determined to lack probable cause, even if a warrant was obtained beforehand, the arrest will be invalidated and all of the evidence that results from the arrest will necessarily be suppressed. A single exception to this rule is when a court employee makes a mistake and an officer erroneously believes they have a valid warrant when they do not. In this situation, if the officer has acted in good faith, the evidence will not be excluded.
Defending Your Rights
At Lobo Law our dedicated and experienced Las Vegas criminal defense attorneys always fight to achieve the best possible outcome for you. If you believe probable cause is an issue worth examining in your case, give us a call for a confidential consultation in our Las Vegas office today.
