What is probable cause in criminal procedure?

Probable cause is an important concept in criminal procedure in the state of Idaho. It is a legal standard that must be met in order for law enforcement officials to make an arrest, obtain a search warrant, or initiate other legal proceedings. Probable cause requires that law enforcement officials have a reasonable belief that a person has committed a crime in order to take legal action. The concept of probable cause is based on the Fourth Amendment of the United States Constitution, which protects citizens from unreasonable search and seizure. In order for a search or arrest to be constitutional, the officers must have reasonable suspicion that a person has committed a crime in order to move forward. It must be more than a mere "hunch" that the person may have committed a crime, but less than clear and convincing evidence found in a court of law. Probable cause is often determined by examining the facts and circumstances associated with a case, as presented to law enforcement by a witness or officer. All of the facts must be taken into consideration and then a determination must be made as to whether there is a reasonable suspicion to move forward. If the facts support the existence of probable cause, an arrest may be made or other legal action taken in accordance with the law.

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