What is probable cause?
This is a difficult one. There is not a bright-line rule establishing precisely what is and what is not probable cause. However, what has become apparent is that a finding of probable cause requires objective facts indicating a likelihood of criminal activity. A police officer’s hunch, with nothing more, will not satisfy the requirements. Example: Officer Doright observes Tom and Dick walking down the street. Officer Doright has a hunch that Tom and Dick are up to no good. Armed with nothing more, Officer Doright goes to the local judge and attempts to get a search warrant for the boy’s home. Should a judge grant the warrant? No. A police officer’s hunch, with nothing more, will not satisfy the probable cause requirement. However, if Officer Doright observed Tom and Dick conduct a drug deal, then probable cause would likely exist for a warrant to search their home.
This is a difficult one. There is not a bright-line rule establishing precisely what is and what isn’t probable cause. However, what has become apparent is that a finding of probable cause requires objective facts indicating a likelihood of criminal activity. A police officers hunch, with nothing more, will not satisfy the requirements.
Probable cause basically boils down to a “reasonable belief” that a crime has been committed or that evidence of a crime exists at the place being searched or that a suspect has committed a crime. Because a “reasonable belief” is a relatively fluid concept, probable cause determinations are based, in part, on a magistrate’s common sense as applied to the totality of the circumstances. In other words, given all the circumstances set forth in the affidavit for a warrant, including the truthfulness, credibility, and basis of knowledge of the persons supplying information, the test is whether there is a fair probability that contraband or evidence of a crime will be found in a particular place or that a suspect committed a crime.
