What is probable cause in criminal procedure?

Probable cause in criminal procedure is the standard of proof necessary to legally justify the arrest or search of an individual and to justify the issuance of a warrant. In the state of Texas, probable cause means that there are facts or circumstances that are more than simple suspicion that a criminal act has been committed and that the individual has committed the act. This standard of proof is higher than a preponderance of the evidence, which is the standard necessary to convict someone of a crime in a court of law. In criminal procedure, probable cause must be found by a judge in order for the police to make an arrest, obtain a search warrant, or bring criminal charges. This means that the police must present evidence that is sufficient to show that there is a reasonable probability that an offense has been committed and that the individual suspected of committing the offense is the one responsible. This evidence must be more than merely hearsay, conjecture, or suspicion to satisfy the standard of probable cause. The Texas Code of Criminal Procedure outlines the rules and regulations governing probable cause in criminal procedure. There is also the requirement that the probable cause must be based on reliable information, facts, and circumstances that have been seen, heard, or otherwise observed by a police officer, citizen, witness, or reliable informant that suggests a crime has been committed. This will allow police to act on suspicion and take necessary action to protect the public.

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