probable cause

Thân thiện

A police officer presents evidence of probable cause to a judge.

Definition

Noun: - Legal Standard for Arrest or Search: In law, "probable cause" is the reasonable belief, based on factual evidence and circumstances, that a crime has been, is being, or will be committed. This standard of evidence is required for a law enforcement officer to make an arrest, conduct a search, or seize property without a warrant, or for a judge or magistrate to issue such a warrant.

Usage

• "Probable cause" is a specific legal term of art. It is used almost exclusively in legal, judicial, and law enforcement contexts to describe the justification required for state action that intrudes on an individual's privacy or liberty.
• It is typically used with verbs like have, establish, determine, find, show, or lack.
• It is often followed by an infinitive phrase (e.g., "probable cause to arrest") or a prepositional phrase starting with "for" (e.g., "probable cause for the search").

Examples

• The police officer had probable cause to stop the vehicle after observing it swerve erratically.
• The judge reviewed the affidavit and found probable cause to issue a search warrant.
• Without probable cause, any evidence obtained may be inadmissible in court.
• The defense attorney argued that the arrest was made without probable cause.

Advanced Usage

• "Probable cause hearing": A preliminary proceeding in court where a judge determines whether there is enough evidence ("probable cause") to believe the defendant committed the crime and that the case should proceed.
  • The suspect will appear for a probable cause hearing next week.
• "Establish probable cause": The act of presenting sufficient facts and circumstances to meet the legal standard.
  • The detective's testimony helped establish probable cause for the arrest warrant.

Variants and Related Words

• Reasonable suspicion (n): A lower standard of evidence than probable cause, allowing for a brief investigative stop (a "Terry stop") but not a full arrest or search.
• Probable (adj): Likely to happen or be true. (Note: While "probable" is the root word, the legal term "probable cause" has a specific, fixed meaning beyond the simple adjective.)

Synonyms

• Sufficient grounds (n): A more general phrase meaning adequate reason or justification, which can be used in legal and non-legal contexts.
• Reasonable belief (n): A close conceptual synonym describing the basis for the "probable cause" standard.

Related Phrases

• Lack of probable cause (n): The absence of the legally required justification, often used as a defense or in civil rights lawsuits.
  • The lawsuit alleged false arrest due to a lack of probable cause.
• Probable cause affidavit (n): A sworn written statement of facts submitted to a judge to demonstrate that probable cause exists for an arrest or search.
  • The officer filed a probable cause affidavit with the court.

Học thuật

Noun

1. (law) evidence sufficient to warrant an arrest or search and seizure
   • a magistrate determined that there was probable cause to search the house