criminal law · procedure
Probable cause exists when law enforcement has a reasonable basis for believing that a crime may have been committed or that evidence of a crime is present in a certain location. It is a flexible, case-by-case analysis that requires a practical consideration of the totality of the circumstances.
Law enforcement officers must possess a reasonable belief, grounded in facts and circumstances, that a crime has occurred or that the person to be arrested has committed a crime.
What to prove: It must be shown that the officer had specific and articulable facts, combined with reasonable inferences, that support the belief of criminal activity.
The assessment of probable cause is based on the totality of the circumstances rather than isolated facts.
What to prove: Evidence must demonstrate how the totality of the situation conveys a reasonable suspicion of criminal activity, accounting for all observed factors.
The probable cause standard is objective, meaning it is judged from the perspective of a reasonable law enforcement officer.
What to prove: It must be shown that a reasonable officer, given the same facts, would also conclude that probable cause exists.
The prosecution must demonstrate probable cause exists to justify a warrant or an arrest, using the standard of reasonable belief.
Be prepared to analyze scenarios where law enforcement’s basis for probable cause may be challenged. Look for details that highlight the totality of the circumstances.