What is probable cause in criminal procedure?
Probable cause is an important legal concept in criminal procedure in Arizona. It describes a situation where a reasonable person — law enforcement officers included — would believe that a crime has been committed. In other words, they must have reasonable grounds to believe that a person has committed a crime in order to arrest them. In order for law enforcement to be able to make an arrest, they must have probable cause to believe that a crime has been committed. In Arizona, this is often proven through evidence such as eyewitness testimony, physical evidence, or other reliable information pointing to a criminal act. If an officer has probable cause to make an arrest, they will then submit a written report to a judge so that a court can decide whether to issue an arrest warrant. Probable cause is often used in criminal proceedings to decide if a person will be put on trial or released. Evidence that is presented in court must demonstrate that there is good reason to believe the accused has committed a crime. For example, if an officer has a video of the accused burglarizing a home, this would be considered probable cause, and the officer can then present it in court as evidence to support the charges against the accused. Overall, probable cause is a necessary requirement for law enforcement to be able to make an arrest and bring an accused person to trial. It is an important part of criminal procedure in Arizona and must be established in order for a court to decide if an accused person should stand trial or be released.
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