What is Probable Cause?
When someone is stopped by police, arrested, or searched, one of the most critical legal standards that comes into play is “probable cause.” In Tennessee, as in the rest of the United States, probable cause is a constitutional requirement that protects individuals from unlawful searches, seizures, and arrests. But what exactly does it mean, and how can it affect your case? The Law Office of Joshua T. Crain can help you with all of your questions.
The Legal Definition of Probable Cause
Probable cause is the legal threshold that law enforcement must meet before making an arrest, issuing a search warrant, or conducting a search without a warrant in certain situations. It requires more than just a hunch or suspicion. Instead, officers must have facts and circumstances that would lead a reasonable person to believe a crime has been, is being, or is about to be committed.
For example, if an officer pulls someone over for speeding and sees open containers of alcohol in the car, that may establish probable cause for a DUI investigation. Without such evidence, the officer cannot lawfully detain or search the individual.
Probable Cause in Arrests
In Tennessee, police cannot lawfully arrest someone unless there is probable cause. This means they must be able to point to objective facts suggesting the person committed a crime. If an arrest is made without probable cause, any evidence gathered afterward—such as statements, physical evidence, or test results—may be challenged in court and potentially excluded from the case.
Probable Cause in Searches
The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures. Generally, police need a search warrant signed by a judge to search someone’s property. To obtain that warrant, they must present evidence establishing probable cause.
There are exceptions, however. For example, during a traffic stop, if an officer smells marijuana or sees illegal items in plain view, that may be considered probable cause to search the vehicle without a warrant.
Contact a Murfreesboro, TN Attorney Now
If you believe your rights were violated due to a lack of probable cause, you need an experienced criminal defense attorney on your side. Attorney Joshua T. Crain, based in Murfreesboro, Tennessee, has the knowledge and skill to challenge unlawful arrests and searches. He will aggressively protect your constitutional rights and fight for the best outcome in your case. Contact Joshua T. Crain – Attorney at Law today for a confidential consultation. Your freedom and future are worth defending.