Also known as:probable cause standard · probable cause · reasonable grounds
Written by attorneys · grounded in primary & secondary sources — see below
A legal standard requiring facts and circumstances that would lead a reasonable person to believe that a particular condition or violation exists or is likely to occur.
Sources & Authorities· 35 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Warrant Application for Residence Search
Philip Powell's neighbor reported seeing stolen electronics moved into his garage at night. Officers presented an affidavit detailing the neighbor's observations and prior theft reports matching the items. The magistrate reviewed the facts and issued a warrant authorizing entry into the garage to seize the electronics.
Post-Arrest Complaint Filing
Officers arrested Pavel Petrov without a warrant after witnesses identified him fleeing a burglary scene with stolen goods. The prosecutor filed a complaint the next morning containing the witness statements and officer observations establishing the offense and Petrov's involvement.
Officers observed a hand-to-hand exchange at a known drug location involving a vehicle matching an earlier description. The totality of circumstances, including the location, timing, and conduct, supplied fair probability that contraband would be found, supporting a warrantless stop and search.
Affidavit Supporting Arrest Warrant
A confidential informant provided detailed information about an ongoing theft ring and the suspect's role. Officers corroborated the vehicle, timing, and location details before presenting the affidavit. The magistrate found probable cause and issued the warrant.
Informant Tip Supporting Vehicle Search
Penelope Price's former associate provided police with details of her ongoing drug distribution operation, including the make and license plate of the delivery vehicle and recent transaction locations. Officers corroborated the vehicle description and observed a hand-to-hand exchange before stopping the car.
Complaint After Warrantless Arrest
After a street identification, officers arrested a suspect for burglary and recovered stolen property. The next morning the prosecutor filed a complaint containing the eyewitness statements and officer observations. The magistrate found the facts established probable cause.
Common questions
Frequently Asked
2
What quantum of evidence satisfies probable cause for a search warrant?+
Facts and circumstances must establish a fair probability that evidence of a crime will be found in the place to be searched. An informant's tip is evaluated under the totality of the circumstances, where veracity, reliability, and basis of knowledge are relevant but not rigid prerequisites.
Supporting sources
When must a complaint be filed after a warrantless arrest?+
A complaint meeting the probable cause requirements of Rule 4(a) must be promptly filed in the district where the offense was allegedly committed.
Supporting sources
539 U.S. 558 (2003)Constitutional Law
…by. (Imagine the circumstances that would enable a search warrant to be obtained for a residence on the ground that there was probable cause to believe that consensual sodomy was then and there occurring.) Surely that lack of evidence would not sustain the proposition that consensual sodomy on private premises with the doors…