Probable cause is a requirement of the Fourth Amendment and a key issue in the arrest process. It consists of more than just the suspicion that someone committed a crime. If police officers have probable cause, they can arrest and search suspects.
The Supreme Court has attempted to clarify the definition of probable cause over the years but it still tends to be imprecise and often depends on the context.
What information can establish probable cause?
Having a hunch isn’t probable cause to arrest someone. Police officers need to be objective when evaluating whether to arrest someone and have facts to support their decision. Judges have the final decision over whether probable cause did exist and may decide that it didn’t.
The million-dollar question is how much information a judge needs to decide whether a police officer had probable cause or not. As probable cause is an abstract concept, courts usually have to determine this on a case-by-case basis. USAttorneys.com has experienced police brutality lawyers who can help those who believe probable cause did not exist for an arrest.
When can police make an arrest?
An arrest generally means a police officer restricts someone’s right to freedom. It doesn’t necessarily mean the person is wearing handcuffs or goes to jail. As soon as a reasonable person does not feel free to leave, it means an arrest has occurred.
To make a lawful arrest, probable cause is required. This requires more than just a suspicion that a suspect has committed a crime. It doesn’t go as far as providing more proof than reasonable doubt. Courts review all the facts and information surrounding an arrest to determine if the officer’s belief in the guilt of the suspect is reasonable.
Let’s say the owner of a jewelry store phones to say the store was burglarized by a tall, black man with a scar on his right cheek who stole five watches and three diamond necklaces and sped away in a red car. If the police see a red car speeding away and pull it over for speeding, they may see that the driver fits the description and has five watches and three necklaces with tags still on them on the front seat, they would have probable cause to arrest him.
Where did the arrest take place?
A police officer is not allowed to search a dwelling or a car when someone is arrested elsewhere. To make a search, there must be a spatial relationship. A general rule is that a police officer may search a person and the area within the immediate control of the person. For example, they will often search a suspect’s clothes and a purse or a wallet.
If an officer arrested someone for driving under the influence of drugs and then went to the person’s apartment where he found stolen computers, the computers would not be admissible in evidence because the officer didn’t have a warrant to search the apartment.
Do the police need a warrant to arrest someone?
The purpose of search warrants is to protect someone from unreasonable arrests. An arrest warrant is a court order that directs officers to arrest a certain person. To obtain one, the officers must convince a judge that probable cause exists. They usually provide the judge with an affidavit that summarizes the facts and supports their belief that the suspect committed a crime.
Obtaining a warrant can be difficult under certain circumstances and if a search is conducted without a warrant, in-court testimony after the search can still establish probable cause.