Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Written By Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
ContributorAdam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Written ByAdam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Hector has more than 45 years of experience as a successful trial lawyer and has been recognized for his outstanding legal work as well as his deep concern for his clients. The breadth of his legal experience extends to include wrongful death, wrongf.
Hector has more than 45 years of experience as a successful trial lawyer and has been recognized for his outstanding legal work as well as his deep concern for his clients. The breadth of his legal experience extends to include wrongful death, wrongf.
Hector has more than 45 years of experience as a successful trial lawyer and has been recognized for his outstanding legal work as well as his deep concern for his clients. The breadth of his legal experience extends to include wrongful death, wrongf.
Hector has more than 45 years of experience as a successful trial lawyer and has been recognized for his outstanding legal work as well as his deep concern for his clients. The breadth of his legal experience extends to include wrongful death, wrongf.
Updated: May 31, 2024, 4:05am
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The Constitution protects you from having your person or property searched without probable cause. But what is probable cause?
This guide explains how probable cause is defined and what probable cause requirements mean for you. You’ll also see some examples of probable cause so you can better understand how this legal rule applies in the real world.
The Fourth Amendment of the U.S. Constitution protects people against being unlawfully searched or unjustly arrested by police. The text of the amendment reads as follows:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, 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.”
Because of this amendment, police cannot conduct a search without probable cause that the search will uncover evidence of wrongdoing. And they cannot arrest you unless there is probable cause to believe you have committed a crime.
If you are searched without probable cause, any evidence collected must be suppressed. This means it cannot be used against you in court. If you are arrested without probable cause, the arrest is considered invalid and any evidence collected as a result of it will be suppressed.
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According to the U.S. Supreme Court in Brinegar v. United States, probable cause exists when the “facts and circumstances” that police officers know about, based on “reasonably trustworthy information, are sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being committed.”
In other words, if a reasonably cautious person was provided with the information the police officers had at the time, that person would be warranted in believing that a crime was taking or had taken place. This reasonable belief of criminal activity is sufficient to justify either a search or an arrest.
Probable cause is determined based on the totality of the circumstances, so all available information can be considered in deciding if there is valid justification to either conduct a search or arrest a suspect.
Law enforcement officials must obtain a search warrant before conducting a search when it is possible to do so. A judge should issue a search warrant only if there is probable cause, which means there is enough credible information to suggest evidence of a crime will be discovered during the search.
Law enforcement officials must also obtain an arrest warrant before arresting someone when it is possible and practical to do so. Again, there must be probable cause or credible information suggesting someone most likely committed a criminal offense before an arrest warrant is issued.
Warrantless searches and warrantless arrests can occur in certain circumstances, such as when police see evidence of a crime in plain view or when there are exigent circumstances because failure to act could result in the destruction of evidence or harm to others.
When a warrantless search or arrest occurs, law enforcement officials need to provide proof of probable cause after the fact. If law enforcement cannot satisfy the probable cause requirement, the evidence collected will be suppressed and/or the arrest will be deemed invalid.
There are very limited exceptions when evidence is still admissible even if it was obtained without probable cause.
Exceptions include circumstances where police were acting in good faith but there was a problem they were unaware of. For example, if police arrest someone because they believe there is a valid warrant, but it turns out a mistake was made and there wasn’t, then evidence collected after the arrest would still be admissible.
Another common example is the “officer safety” exception, which allows a police officer approaching a stopped vehicle to shine a light into the compartment when approaching to look for weapons within the occupants’ reach.
There are many different examples of probable cause that could justify a search or justify an arrest. Here are some common examples:
Probable cause may come from officers directly observing evidence suggestive of criminal activity or from credible reports of criminal misconduct from trustworthy sources.
