Probable Cause: the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal. The standard also applies to personal or property searches. www.wikipedia.com
Probable cause is a level of reasonable belief, based on facts that are required to sue a person in civil court or to arrest and prosecute a person in criminal court. Before a person can be sued or arrested and prosecuted, the civil plaintiff or police and prosecutor must possess enough facts that would lead a reasonable person to believe that the claim or charge is true. This is not the “beyond a reasonable doubt standard”.
The probable cause standard is used more in criminal cases than it is in civil actions. It is used in criminal matters as a basis for searching and arresting persons and depriving them of their liberty.
In the criminal aspect probable cause is determined in two ways: (1) the police must possess probable cause before they may search a person or a person’s property, and they must possess it before they may arrest a person. (2) the judge or magistrate must find that exists to believe that the defendant committed the crime before the defendant may be prosecuted.
Keep in mind: If you have been arrested because a police officer advised he had “probable cause” does not mean it is the end of the world. There are no two cases alike. A thorough review by the right attorney means all the difference in the world. If you feel like you have been wrongfully arrested and detained, give us a call to review the matter. www.ronkimlaw.com
