Probable Cause

What is Probable Cause?
Probable cause, in a court of law refers to the evidence or facts that would suggest a crime had been committed, or that a crime or wrongdoing is being or will be committed. Probable cause is based around very specific evidence, and therefore can be difficult to obtain, depending on the situation or crime scene. The difference between probable cause and other types of evidence gathering is that it is not based on suspicion; it is based upon concrete evidence that is able to stand up in a court of law.

Categories of Probable Cause
Gathering evidence for probable cause comes from a wide variety of sources, information and situations. The sources can be placed into one of four categories: circumstantial evidence, observation, expertise and information.

The circumstantial evidence category of probable cause includes indirect evidence that implies that a crime was committed, without the ability to directly prove it. This may mean stumbling upon evidence, witnessing the aftermath of a crime, or seeing the trace evidence left behind from a crime scene.

The observation category of probable cause contains the information that a police officer or detective gathers through using his or her own basic senses. These senses include sight, hearing or smell in most cases. This can also include recognizing familiar patterns or activities that would suggest a crime is eminent.

In regards to expertise for probable cause, the information gathered in this section comes from officials who are specially trained in various areas of crime, from tools, weapons, symbols, and signs, to recognizing certain gestures that would suggest a crime would be committed.

The information category of probable cause includes all other information that is gathered through talking with victims, witnesses and other valuable sources of information. This information can also be gathered through media sources such as broadcasts and bulletins.

Probable Cause in Action
Probable cause is used in daily routines for police officials, as it is often their basis for arresting a possible suspect. In order to place an arrest, the police officials must be able to present factual evidence to the court system in order to obtain a warrant for the arrest of the person they feel is in involved in the crime at hand. In a court of law, only evidence that meets the criteria for probable cause may be used against a defendant in court. Probable cause is not only a way to secure that only concrete evidence be put upon the stand, but also as a way of protecting the defendant before the determination is made of their guilt or innocence.

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