5 ways to establish probable cause

Home  /  Blog  /  5 ways to establish probable cause
5 ways to establish probable cause
  |   Aug 31, 2017  |  Criminal Defense
<p>Police can’t make an arrest without probable cause. They cannot simply arrest a private citizen for no reason and then begin digging into his or her background, looking for a crime that justifies it.</p>
<p>In the United States, we often take this principle for granted, but do you really know how police decide they have probable cause? Below are five ways it can be obtained:</p>
<ol>
<li>The police obtain factual evidence that a crime has occurred. This could be video footage of the crime happening, for example.</li>
<li>Police can look for patterns of suspicious behavior. If they are on a stakeout and see a driver flashing his headlights, for instance, that observation could lead them to believe criminal activity is taking place.</li>
<li>Police can use their own specific expertise. For example, an officer who works with gangs may recognize certain gang signs at a specific location and deduce that the gang is active there, even though other officers may not have recognized those same signs.</li>
<li>Witnesses, informants and victims can provide testimonies that set up probable cause.</li>
<li>Circumstantial evidence can be used when it suggests that a crime already happened. For instance, police could arrive at a home, find that a window has been broken out and determine that a robbery may be underway.</li>
</ol>
<p>If you were arrested for any crime, it’s very important to know if the police followed all of the proper steps in making that arrest. This often starts with <a href="https://www.ashleycannonlaw.com/criminal-defense/" data-wpel-link="internal">probable cause</a>. Be sure you know all about your legal defense options either way.</p>
<p><b>Source:</b> FindLaw, “When is an Arrest a Legal Arrest?” accessed Aug. 31, 2017</p>