Also known as: probable cause requirements · probable cause · PC requirement
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A constitutional standard requiring facts sufficient to warrant a prudent person in believing that a crime has been committed and that evidence of it will be found in a particular place or that a particular person committed it. The standard governs issuance of warrants and supports certain warrantless actions when an exception applies.
A constitutional standard requiring facts sufficient to warrant a prudent person in believing that a crime has been committed and that evidence of it will be found in a particular place or that a particular person committed it. The standard governs issuance of warrants and supports certain warrantless actions when an exception applies.
Select any source to read its text and confirm it supports the definition.
A standard used to determine whether a no-contest clause in a donative instrument remains enforceable against a challenger.
Select any source to read its text and confirm it supports the definition.
A standard used to determine whether a no-contest clause in a donative instrument remains enforceable against a challenger.
Each sense below has its own examples, sources, and questions.
Federal agents received an affidavit describing a suspect's recent large cash purchases and surveillance showing frequent visitors at his home carrying packages. A magistrate reviewed the facts and issued a warrant to search the residence for drug evidence. The search proceeded because the submitted information met the probable cause requirement.
Officers arrested Pavel Petrov without a warrant after observing him sell narcotics to an undercover buyer. The government filed a complaint in the district of the offense within hours, supported by the buyer's sworn statement and lab results. The complaint satisfied the probable cause requirement and allowed detention to continue.
An anonymous caller gave police the exact address of a suspected methamphetamine lab along with the cook's name and recent delivery schedule. Officers verified the address and observed matching vehicle traffic before seeking a warrant. The totality of the circumstances supplied probable cause despite the tipster's anonymity.
A district attorney received a police report alleging theft but containing only uncorroborated statements from a single biased witness. The prosecutor declined to file charges. The decision complied with the probable cause requirement because the evidence did not establish a fair probability that the accused committed the offense.
Courts apply a totality-of-the-circumstances test. 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 indicate a fair probability that evidence of crime will be found.
Supporting sources
A complaint meeting the probable cause standard must be filed promptly in the district where the offense allegedly occurred. The complaint must establish probable cause to believe an offense was committed and that the defendant committed it. Failure to file timely may require release of the defendant.
Supporting sources
A prosecutor must refrain from bringing charges the prosecutor knows lack probable cause. This ethical duty prevents prosecution based on insufficient evidence. The standard protects defendants from baseless criminal proceedings while allowing charges supported by a fair probability of guilt.
Supporting sources
Pierre Poulin received a modest bequest under his uncle's trust and filed suit alleging undue influence by the primary beneficiary. The trustee invoked the no-contest clause. The court enforced the clause because Poulin lacked probable cause for the challenge after discovery showed only routine family disagreements.
Portia Price contested her mother's will on grounds of incapacity after learning the decedent had executed it the day after major surgery. The personal representative sought to enforce the no-contest clause. The court refused enforcement because Price possessed probable cause based on medical records and witness statements available at filing.
The clause is enforceable unless the challenger had probable cause to institute the proceeding. Probable cause exists when a reasonable person would believe the challenge has merit based on facts known at filing. Courts examine medical records, witness statements, and execution formalities to decide enforceability.
Supporting sources
…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…