Also known as: probability · probabilities · probable cause · reasonable probability
Written by attorneys · grounded in primary & secondary sources — see below
A degree of likelihood or reasonable belief that a fact exists or an event will occur.
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Paige Porter's neighbor reports seeing her carry large bags of what appeared to be stolen electronics into her garage at night. Officers obtain a warrant after a magistrate finds the tip plus corroboration creates probable cause to believe evidence of theft will be found. The search proceeds and yields the items described.
Pierce Patterson is arrested without a warrant after officers observe him selling what field tests confirm is cocaine. Prosecutors promptly file a complaint containing facts that a magistrate determines meet the probable cause requirement of Rule 4(a). The case proceeds to initial appearance.
Portia Price offers a receipt showing she purchased the same model of tool found at the accident scene. The court admits the receipt because it has a tendency to make it more probable that she was the person who left the tool behind. The jury may consider the evidence on that point.
Perry Pratt, a corporate officer, learns that an employee may have falsified safety records. He informs the board because he believes a material violation of law is probable. The board investigates and the corporation avoids further regulatory exposure.
Paula Pierce buys materials to manufacture counterfeit currency but then destroys them and reports her plan to authorities. Because her abandonment occurred under circumstances showing complete and voluntary renunciation rather than fear of detection, the probable completion of the crime is avoided and the defense applies.
Pearl Porter contracts to supply custom parts but delivers late. The buyer claims lost profits from a new overseas deal that the seller had no reason to know about at contracting. Because the loss was not a probable result of breach when the contract was made, the buyer cannot recover those damages.
Probable cause requires facts sufficient to warrant a prudent person in believing that a crime has been or is being committed or that evidence will be found. Reasonable suspicion is a lower standard that permits brief investigative stops but does not authorize arrests or full searches.
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The complaint must set forth facts that would lead a reasonable person to believe an offense occurred and the defendant committed it. The filing must occur promptly in the district where the offense allegedly took place.
…state, and even to false statement. But the people of this nation have ordained in the light of history, that, in spite of the probability of excesses and abuses, these liberties are, in the long view, essential to enlightened opinion and right conduct on the part of the citizens of a democracy." That erroneous statement is…
…Appellate Division reversed. The New York Court of Appeals reversed the Appellate Division and upheld the law. This Court noted probable
…Court affirmed. The Supreme Court of Errors affirmed that judgment. State v. Griswold , 151 Conn. 544, 200 A. 2d 479. We noted probable jurisdiction. 379 U. S. 926. We think that appellants have standing to raise the constitutional rights of the married people with whom they had a professional relationship. Tileston v.…
…vote, expressly sustaining the constitutionality of § 744(b), 24 N. Y. 2d 196, 247 N. E. 2d 253 (1969).[^maj-3] We noted probable jurisdiction, 396 U. S. 885 (1969). We reverse. I The requirement that guilt of a criminal charge be established by proof beyond a
…papers, and effects, against unreasonable
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Evidence is relevant if it has any tendency to make a fact of consequence more or less probable than it would be without the evidence. The threshold is low and does not require the evidence to prove the fact conclusively.
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An officer must inform a superior or the board of any actual or probable material violation of law or breach of duty that the officer believes has occurred or is likely to occur. The duty arises once the officer has reason to believe the violation is probable.
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The defense requires complete and voluntary abandonment of the criminal effort under circumstances showing renunciation of purpose rather than fear of detection. If the actor prevents commission for those reasons, liability for attempt is avoided.
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Damages are recoverable only if the loss was a probable result of breach that the breaching party had reason to foresee when the contract was made. Losses that were not reasonably foreseeable at contracting are not recoverable.
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