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Probable Cause

What is Probable Cause?

In its most basic form, probable cause means that it is more probable than not that a particular circumstance occurred. For example, in order to arrest a person, the police must believe that it is more probable than not that the person committed a crime. Probable cause remains the initial standard of proof that applies for arrests, warrants, searches and seizures.

The roots of probable cause come from the Fourth Amendment to the Constitution. Similar to the Sixth Amendment, the Fourth Amendment provides legal rights to those accused of a crime. Specifically, the Constitution requires that the government may only arrest and seize property upon a showing of probable cause.

The probable cause standard applies to prosecutors as well. For prosecutors to pursue a criminal case, such as sexual assault of a child or indecent exposure, enough evidence against a person must exist to support a finding of probable cause. It should be noted that a person may not be convicted of a crime without a showing of reasonable doubt.
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Have you been charged with a crime in the Greater Houston area? Attorney Brett Podolsky provides the aggressive criminal defense and representation needed to protect your rights. Contact our office today to schedule a consultation and discuss your case.

Probable Cause as Applied to Arrests

As described above, an officer must develop probable cause to arrest a particular person for a crime. Facts and circumstances need to exist that would cause a reasonable person with the officer’s knowledge and experience to believe that it is more probable than not that a suspect committed a crime or is about to commit a crime. An officer may not arrest another person if the officer’s only “evidence” consists of a hunch or suspicions.

A difference exists between a “detention” and an “arrest.” A detention consists of a short stop by an officer to question a person about possible criminal activity. For a detention, the police must only have “reasonable suspicion.” This is a much lower standard than probable cause. Reasonable suspicion only means that a reasonable person would suspect that a crime was committed.

A detention may become an arrest if through the brief investigation the officer develops probable cause. If the officer does not develop probable cause within a reasonable period of time, the officer must allow the person to leave.

Probable Cause for Searches

For the police to search a house, probable cause needs to exist that evidence of a crime will exist in the home. Any of the following reasons will legally justify the police searching a house:

If during any of the above situations, the police find evidence that relates to a crime, then they may seize that evidence. The evidence will remain in police property until the end of the case.

For a free consultation regarding probable cause, contact the Law Office of Brett A. Podolsky at 713-227-0087.

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