Understanding Probable Cause
After watching crime shows on tv, we’ve all seen court cases that mention probable cause at some point. Probable cause gets talked about by law enforcement and attorneys alike, but what does it mean in the real world? In fact, probable cause is a legal standard. It indicates more than a reasonable suspicion of criminality, but not as high a standard as proof beyond a reasonable doubt. Probable cause implies a convincing enough belief that either evidence of a crime, or criminal activity itself, will be found in a specific locale, and gives an officer authority to investigate it. It is a standard that endeavors to balance individual privacy and public welfare.
Establishing Probable Cause
What distinguishes probable cause from good old-fashioned gut instincts? Probable cause requires solid and clear-cut evidence leading to an officer’s actions. It is not based on any particular detail. It is the totality of the circumstances that must add up to probable cause to guide law enforcement. Officers may make judgments based on what they observe, what witnesses say and do, what the general surroundings reveal, unique or mundane circumstances, or other sources of information that are relevant and reliable. They may make inferences based on the conditions and details at hand. An officer’s background and training may help them to determine the validity of their conclusions.
Examples
| Probable Cause | No Probable Cause |
| A darkly clad male is observed with a backpack running away from a home that was broken into at 2 a.m. | A jogger is observed stretching in shorts and a t-shirt in the vicinity of a store break-in on a Sunday afternoon. |
| An officer observes someone with a tire iron walking down a street where a number of vehicles have smashed windshields. | Officer observes a group of scantily clad young ladies walking on a dark street after midnight. |
| An officer gets a reliable tip that abuse is occurring in a certain home where a history of violence is well-documented. |
Officer observes a number of Hispanic teens coming and going from a certain coffee shop. |
| An officer observes a car zigzagging across lanes repeatedly. After approaching the vehicle, the smell of alcohol and the appearance of a baggie of what appears to be drugs is visible. | An officer observes a group of young, Black teens driving around in an expensive-looking sports car. |
Arrests
Arrests, with or without warrants, are illegal if there is no probable cause. Critically, the totality of the circumstances must be the basis for any arrest, not simply one unique piece of evidence. If an arrest occurs without probable cause, it will ultimately be invalidated and all of the evidence resulting from the arrest will then be suppressed, even if a warrant was obtained beforehand. There is a small exception to this rule: if a court employee makes errors, causing an officer to mistakenly believe they have a valid warrant when they do not. In this situation, the evidence will not be excluded if the officer has acted in good faith.
Defending Your Rights
At The Law Office of Julia Kefalinos our dedicated and experienced Miami criminal defense attorneys always fight to achieve the best possible outcome for you. If you believe probable cause is an issue worth examining in your case, give us a call for a confidential consultation in our Miami office today.
