Also known as: probable causes · PC
Written by attorneys · grounded in primary & secondary sources — see below
A standard requiring facts and circumstances sufficient to warrant a prudent person in believing that a crime has been or is being committed or that evidence of a crime will be found in a particular place. The standard supplies the constitutional and procedural threshold for issuing warrants, filing complaints after warrantless arrests, and authorizing certain prosecutorial actions.
Officers receive a tip that Parker Phillips stores stolen electronics in his garage. They present an affidavit detailing the tip and corroborating observations to a magistrate. The magistrate issues a search warrant because the facts establish probable cause to believe evidence of a crime is located at the described premises.
Police arrest Paul Peterson without a warrant after observing him sell counterfeit goods from a vehicle. Within the required time, the government files a complaint supported by an affidavit reciting the officers' observations. The complaint satisfies the probable cause requirement for continued detention.
Select any source to read its text and confirm it supports the definition.
An informant tells officers that Pablo Perez keeps narcotics in a specific apartment. The affidavit details the informant's past reliability and the basis for the current tip. Under the totality of circumstances, the magistrate finds probable cause and issues a search warrant.
Pamela Phillips's will contains a clause penalizing any beneficiary who contests its validity. Phuong Pham, a beneficiary, files a contest alleging undue influence and presents evidence of the testator's recent cognitive decline. Because probable cause supports the filing, the penalty clause is unenforceable.
A prosecutor reviews evidence against Peter Park and concludes the facts do not support a reasonable belief that Park committed the charged offense. The prosecutor declines to file charges to comply with the duty to refrain from prosecuting unsupported matters.
A complaint and supporting affidavit describe Paragon Construction's role in a fraudulent billing scheme. The judge reviews the materials and determines they establish probable cause that an offense occurred and that the company committed it, then issues an arrest warrant for the responsible officer.
Facts and circumstances must be sufficient to warrant a prudent person in believing that a crime has been or is being committed or that evidence of a crime will be found in a particular place. The standard is more than mere suspicion but less than proof beyond a reasonable doubt.
An informant's veracity, reliability, and basis of knowledge remain relevant but are not rigid prerequisites. A strong showing on one factor can compensate for weakness on others when the overall facts create a fair probability that evidence of crime will be found.
Yes. Under the Uniform Probate Code, a penalty clause is unenforceable if probable cause exists for instituting proceedings to contest the will or other estate matters.
A prosecutor must refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause.
The complaint or supporting affidavits must establish probable cause to believe that an offense has been committed and that the defendant committed it.
…of police officers in investigating crime. See Escobedo v. Illinois , 378 U. S. 478, 492. When an individual is in custody on probable cause, the police may, of course, seek out evidence in the field to be used at trial against him. Such investigation may include inquiry of persons not under restraint. General on-the-scene…