What is Probable Cause?
In order to arrest an individual or conduct a search, law enforcement officers must first establish probable cause or have a warrant. However, a judge will make the final decision for what does and does not constitute probable cause, not law enforcement. If you are subject to an arrest or search that you believe may not be legal, it is important to stay calm, comply with any requests from the police officer, and consult with an attorney after the interaction.
Defining Probable Cause
The term “probable cause” is used in the Fourth Amendment of the United States Constitution, which protects against unreasonable searches and seizures. This right “shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
To put it simply, the general standard for “probable cause” is that ar reasonable person would believe a crime was being committed, had been committed, or was about to be committed. The burden of proof is lower than would be necessary for a conviction but higher than reasonable suspicion.
Reasonable suspicion is a requirement for a traffic stop or any other type of detainment. A detainment is when law enforcement stops you for questioning, but probable cause for a search or arrest has not yet been established. During this time, they may use evidence in plain view to establish probable cause for a search or an arrest.
It’s important to understand that the law enforcement officer cannot use any evidence they find during a search to justify the search itself, but they can use this evidence to justify an arrest.
Consenting to a Search
Without probable cause, the only way for law enforcement officers to search your home, vehicle, or person is if you consent. If a law enforcement officer requests a search and does not have a warrant, you can respectfully decline. Keep in mind that there are many ways that officers may make this request, sometimes with casual questions or indirect statements. If a law enforcement officer requests a search and does not have a warrant, you can respectfully decline.
What If Police Search or Arrest You Without Probable Cause?
Determining whether or not there was sufficient evidence of a crime to justify a search or arrest can be complex. There may be a situation where you feel there is not probable cause, but the law enforcement officer sees the situation differently.
Above all, it is essential that you do not attempt to resist arrest or physically stop an officer from conducting a search. Whenever possible, assert your rights with a calm and clear voice.
After the search or arrest, contact an attorney and tell them what you remember. If you have the TurnSignl app, an attorney will already be present and the app will record the encounter. Your attorney will examine the facts of the case and can argue in court that the arrest or search was unlawful. If the judge rules that probable cause was not properly established, any evidence that the law enforcement officer found will be inadmissible in court.
Even if you did not commit a crime, sometimes there are situations where a search or arrest is lawful. For example, if the police officer received information before your interaction that established probable cause, you may be legally detained or searched. These situations are legally complex, and this is why it is important to talk to an attorney, and are another reason to talk to an attorney for specific guidance related to your case.
How TurnSignl Can Help You
The TurnSignl app connects you by real-time video to an attorney if you are stopped by police or involved in a car accident. Along with on-demand legal advice, the app records the entire encounter and saves it to your personal cloud, giving you access to valuable evidence when you need it. After the incident, the attorney will stay on the line, and you even have the option to hire them directly for future action.
TurnSignl is available on iOS and Android. Download the app today.
