Probable cause is the legal standard that law enforcement must meet before making an arrest, conducting a search, or obtaining a warrant. It requires that police have reasonable grounds — based on facts and circumstances — to believe that a crime has been committed or that evidence of a crime will be found in a specific location.
Probable Cause vs. Reasonable Suspicion
Reasonable suspicion is a lower standard that allows police to briefly detain and question a person. Probable cause is a higher bar and is required for an arrest or search. Many people confuse the two — if police only had reasonable suspicion but made an arrest anyway, the arrest may be unlawful.
Why It Matters for Your Case
If law enforcement violated your Fourth Amendment rights by acting without probable cause, any evidence obtained as a result may be suppressed — meaning it cannot be used against you in court. This is known as the exclusionary rule and can result in charges being reduced or dismissed entirely.
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