What is probable cause in criminal procedure?
Probable cause is an important legal concept in the criminal procedure of New Hampshire. It is the standard of evidence needed to obtain a search warrant or make an arrest. Probable cause is a reasonable suspicion that a crime has been committed and that the person in question is likely to have committed it. The standard of proof required is lower than that needed for a guilty conviction, but the evidence must still be sufficiently strong. For example, if a police officer witnesses a person committing a crime, such as theft, then the officer has probable cause to arrest the person and search them for stolen goods. However, the presence of probable cause does not mean that the suspect is guilty of a crime. It simply indicates that the authorities are likely to have enough evidence to make an arrest. If the evidence does not prove beyond a reasonable doubt that the suspect is guilty, then they must be released. Probable cause is a necessary component of criminal procedures in New Hampshire and all other states. Without this standard, police could conduct searches and make arrests without any justification or evidence. For this reason, the courts must continue to ensure that probable cause is given careful consideration.
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