{"id":13699,"date":"2018-02-12T00:27:31","date_gmt":"2018-02-12T00:27:31","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=13699"},"modified":"2018-02-12T00:40:55","modified_gmt":"2018-02-12T00:40:55","slug":"probable-cause-a-reasonable-amount-of-suspicions-supported-by-circumstances-sufficiently-strong-to-justify-a-prudent-and-cautious-perons-belief-that-certain-facts-are-probably-true","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=13699","title":{"rendered":"Probable Cause – a reasonable amount of suspicions, supported by circumstances sufficiently strong to justify a prudent and cautious peron’s belief that certain facts are probably true"},"content":{"rendered":"

 <\/p>\n

probable cause<\/span>:<\/span>
\n<\/strong>(16C)<\/span><\/p>\n

1.<\/strong> Criminal law<\/em>. A reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime.\u00a0 *\u00a0 Under the Fourth Amendment, probable cause \u2014 which amounts to more than a bare suspicion but less than evidence that would justify a conviction \u2014 must be shown before an arrest warrant or search warrant may be issued. <\/strong>\u2014 aka reasonable cause<\/span><\/strong><\/em>; sufficient cause<\/strong><\/em><\/span>; reasonable grounds<\/span><\/strong><\/em>; reasonable excuse<\/strong><\/em><\/span>.\u00a0 Cf. reasonable suspicion<\/em> under SUSPICION.
\n<\/span><\/p>\n

2.<\/strong> Torts<\/em>. A reasonable belief in the existence of facts on which a claim is based and in the legal validity of the claim itself.\u00a0 *\u00a0 In this sense, probable cause is usually assessed as of the time when the claimant brings the claim (as by filing suit).\u00a0 <\/strong><\/span><\/p>\n

3. A reasonable basis to support issuance of an administrative warrant based on either<\/span><\/strong><\/p>\n

(1) specific evidence of an existing violation of administrative rules, or<\/strong>
\n(2) evidence showing that a particular business meets the legislative or administrative standards permitting an inspection of the business premises.<\/strong> [1]<\/span><\/p>\n

1. Reasonable cause as shown by the circumstances of the case. Goldstien v Sabella<\/em> (Fla) 88 So 2d 910, 58 ALR2d 1418<\/span>.<\/strong> [2]<\/span><\/p>\n

1. A reasonable amount of suspicions, supported by circumstances sufficiently strong to justify a prudent and cautious peron’s belief that certain facts are probably true.\u00a0 A judge may not issue a search warrant unless she is shown probable cause to believe there is evidence\u00a0 of crime on the premises.\u00a0 A police officer may not make an arrest without a warrant unless he has reasonable cause, based upon reliable information, to believe a crime has been or is being committed.<\/span><\/strong>
\n\u00a0\u00a0\u00a0\u00a0 See reasonable belief<\/em>; reasonable cause<\/em>. [3]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from Wayne R. LaFave & Jerold H. Israel’s Criminal Procedure<\/span><\/em><\/a> (2d ed. 1992):<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cProbable cause may not be established simply by showing that the officer who made the challenged arrest or search subjectively believed he had grounds for his action.\u00a0 As emphasized in Beck v. Ohio<\/em> [379 U.S. 89, 85 S.Ct. 223 (1964)]: \u2018If subjective good faith alone were the test, the protection of the Fourth Amendment would evaporate, and the people would be \u201csecure in their persons, houses,\u00a0 papers, and effects\u201d only in the discretion of the police.\u2019\u00a0 The probable cause test, then, is an objective one; for there to be probable cause, the facts must be such as would warrant a belief by a reasonable man.<\/span>” <\/strong>[4]<\/span><\/p>\n

probable cause for a prosecution<\/span> – A reasonable ground for suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious, or as some courts put it, a prudent man, in believing that the party charged is guilty of the offense with which he is charged.\u00a0 The existence of such facts and circumstances as would excite belief in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged is guilty of the offense for which he is prosecuted.\u00a0 Such facts and circumstances as, when communicated to the generality of men of ordinary and impartial minds, are sufficient to raise in them a belief or real, grave suspicion of the guilt of the <\/span>person charged. 34 Am J1st Mal Pros \u00a7 47<\/span>.<\/span><\/strong><\/p>\n

\n

probable cause for arrest<\/span> – A reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in believing the accused to be guilty.\u00a0 In substance, a reasonable ground for belief in guilt. Brinegar v United States<\/em>, 338 US 160, 93 L Ed 1879, 69 S Ct <\/span><\/span><\/strong>1302, reh den 338 US 839, 94 L Ed 513, 70 S Ct 31<\/span>.
\n<\/span><\/strong><\/p>\n

probable cause for attachment<\/span> – A reasonable belief in the existence of facts necessary to sustain an attachment.\u00a0 The actual existence of facts necessary to sustain an attachment. 6 Am J2d Attach \u00a7 599<\/span>.<\/span><\/strong><\/p>\n

probable cause for capture<\/span> – The existence of circumstances such as to warrant a reasonable ground of <\/span><\/strong>suspicion that the vessel is engaged in an illegal traflic. 56 Am J1st War \u00a7 198<\/span>.<\/span><\/strong><\/p>\n

probable cause for issuance of a search warrant<\/span> – A reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves to warrant a prudent and cautious man in the belief that <\/span><\/strong>the person accused is guilty of the offense with which he is charged. 47 Am J1st Search \u00a7 22<\/span>.<\/span><\/strong><\/p>\n

probable cause for statement otherwise tortious as defamatory<\/span> –\u00a0 A reasonable ground of suspicion. supported by circumstances sufficient to warrant a cautious man in believing in the truth of the statement pleaded as the basis of a cause of action for defamation. Coates v Wallace<\/em>, 4 Pa Super 253, 257<\/span>.<\/span><\/strong><\/p>\n

probable cause to hold accused for trial<\/span> – Reasonable ground to believe that a crime has been committed and just cause to believe that the defendant committed it. State ex rel. Stevenson v Jameson<\/em>, 78 SD 431, 104 NW2d 45<\/span>.<\/strong> [2]<\/span><\/p>\n<\/div>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6<\/b><\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/b><\/span><\/strong>with Pronunciations
\n<\/b><\/span><\/em>Third Edition<\/b><\/span><\/strong><\/a>\u00a0<\/span><\/strong>by James A. Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/b><\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/b><\/span><\/strong>Legal Assistant Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Doctored<\/b><\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.
\n<\/b><\/span><\/strong><\/p>\n

[4]: Wayne R. LaFave & Jerold H. Israel, Criminal Procedure<\/em><\/a> 9 3.3, at 140 (2d ed. 1992).<\/span><\/strong><\/p>\n

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