What is probable cause in criminal procedure?

Probable cause is a legal concept in criminal procedure that serves as a basis for reasonable suspicion or belief that a crime has been committed. In South Carolina, probable cause is defined as a reasonable and articulable belief of an investigating officer that a person has committed a crime. This belief must be supported by facts and circumstances that would lead a person of ordinary caution and prudence to believe the accused has committed the crime. To ascertain if there is probable cause to arrest someone, the investigating officer needs to gather facts such as witness testimony, evidence, or other information. These facts must be sufficient to convince a reasonable person that the accused has committed the alleged crime. If the facts do not point to the guilt of the accused, then there is no probable cause and the accused cannot be arrested. Probable cause is an important concept in criminal procedure and its determination should not take any shortcuts. In South Carolina, the police must have probable cause to arrest or detain someone and it must be supported by facts and circumstances. It is also important to note that probable cause must exist before a search warrant can be issued and also before evidence can be seized. Without probable cause, it violates the 4th Amendment right to be secure in one’s own person, house, papers, and effects.

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What is probable cause in criminal procedure?

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