What is probable cause in criminal procedure?

Probable cause in criminal procedure is a legal standard that requires law enforcement officers to have reasonable grounds to believe a person has committed a crime before they can make an arrest. In Kansas, it is defined as “reasonable grounds for suspicion determined by facts which lead reasonable and prudent individuals to believe that the offense was committed by the person to be arrested.” In practical terms, this means law enforcement must have an adequate reason to believe a crime occurred to make an arrest. Generally, the information an officer must have to support their suspicion must be more than a hunch but doesn’t need to be at the same level of proof as a conviction. Law enforcement must have reliable facts that support the suspicion and must be able to make a case that these facts point to the suspect as the likely perpetrator. This includes testimonies, physical evidence, and circumstantial evidence. When a police officer is searching for or arresting someone, they must have probable cause to justify their action. If this is not present, any evidence obtained during the search or arrest is usually inadmissible in court. Therefore, the concept of probable cause is an integral part of criminal procedure in Kansas.

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