The issue of probable cause has been a popular debate amongst lawyers, lawmakers and the entire justice system. Probable cause doesn't require proof beyond a reasonable doubt, but it needs to be more substantial than an officer's "hunch."

Definition

The American Bar Association defines probable cause as "facts sufficient to support a reasonable belief that criminal activity is probably taking place or knowledge of circumstances indicating a fair probability that evidence of crime will be found."

Significance

If used in the proper way, probable cause reasoning can help officers decrease crime and diffuse situations before they occur.

Fourth Amendment

According to the Fourth Amendment of the U.S. Constitution, citizens are protected against illegal searches and seizures, unless probable cause is present to warrant a search or seizure of property.

Considerations

In many cases, probable cause is used in traffic detainment. For example, if a civilian is speeding, or running a red light, that gives the police officer "probable cause" to make a traffic stop.

Evidence

Probable cause leads to officers gathering evidence to support their suspicion. Evidence, or lack thereof, is an essential element in court cases. For example, if a traffic violation leads to an officer collecting an illegal handgun out of a civilian's vehicle, that evidence would probably be admissible in a court of law. However, circumstantial evidence collected as a result of probable cause may be inadmissible. For example, if an officer smells marijuana coming from a car and finds only a cigar in the car, that evidence wouldn't stand up very well in court.

Source:

Probable Cause

American Bar Association

Stason

Resource:

Lectric Law