What Happens When Probable Cause Disappears?
Probable cause to hold someone responsible for a crime exists when a representative of the state such as a police officer or judge reasonably believes that someone has committed a crime or is in the process of committing a crime. When probable cause disappears, the state will no longer have grounds on which to hold the suspect to answer for the crime. If you’re being questioned by a police officer and he learns facts that lead him to believe there is not probable cause to believe you previously committed or are committing a crime, you won’t be taken into custody or forced to undergo any additional pat-downs or frisks related to that particular crime. If a judge has issued an arrest warrant against you and probable cause disappears, you won’t be picked up on the warrant. You will be released from jail if you’re already incarcerated when probable cause disappears. You will also not be the subject of any further hearings or trials pertaining to that crime unless you’re asked to serve as a
