Probable cause is legally required for law enforcement to search seize and arrest a criminal suspect
Probable cause is the amount of proof required before a police officer can stop, search or arrest a criminal suspect. The degree of belief required will cause a police officer to conclude that “under the totality of the circumstances,” a crime has been or is about to be committed.
4th Amendment
The Probable Cause requirement comes from the 4th Amendment to our Constitution, which dictates: “…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.”
Exclusionary Rule
Evidence seized without probable cause cannot be used in court as evidence against the defendant. Should you have any additional questions consult with an experienced criminal defense lawyer.
