What is probable cause in criminal procedure?

Probable cause in criminal procedure is a legal standard used by law enforcement officers. It is a reasonable belief that a person has committed or is about to commit a crime. In Pennsylvania, an officer must have probable cause in order to arrest an individual or to search a person’s premises. The state’s standard for probable cause is the same as the federal standard. As established by the U.S. Supreme Court, probable cause is based on the totality of the circumstances and includes the facts and circumstances that would lead a reasonable person to believe that a crime has occurred or is about to occur. For example, a police officer may have probable cause to search a vehicle if he sees the driver throw something out of the window that is later determined to be illegal drugs. In this situation, the court would evaluate the facts and circumstances surrounding the incident to determine if a reasonable person would believe that a crime had occurred or was about to occur. In any criminal proceeding, it is the responsibility of the prosecutor to prove beyond a reasonable doubt that probable cause existed for an arrest or search and seizure. Failing to prove this can result in evidence being excluded from trial or a charge being dropped. Therefore, it is very important that law enforcement officers in Pennsylvania have a thorough understanding of probable cause in order to protect the rights of citizens.

Related FAQs

What is the impact of the Bill of Rights on criminal law?
What is the purpose of a criminal jury?
What are the rules of double jeopardy in criminal procedure?
What are the rules on evidence-gathering in criminal cases?
What is the difference between an acquittal and a dismissal in criminal cases?
What are the rights of a suspect during a criminal investigation?
What are the different types of criminal punishments?
What are the elements of a criminal case?
What is the role of the prosecution in a criminal case?
What is the exclusionary rule in criminal procedure?

What is probable cause in criminal procedure?

Related FAQs

Related Blog Posts