What is substantial evidence when determining probable cause?
For an arrest or search to pass muster under the United States Constitution, police must first have probable cause to believe that a crime has been or is in the process of being committed.MisconceptionsProbable cause does not require absolute certainty that a crime has been committed. Nor is the amount of evidence required for finding probable cause the same as that evidence required at trial to prove a defendant’s guilt beyond a reasonable doubt.IdentificationThe amount of evidence sufficient to meet the probable cause standard is evidence from which a reasonable person could conclude that a suspect has committed or is in the process of committing a crime.Supreme Court InterpretationIn 1983, the United States Supreme Court ruled in Illinois v. Gates, that a “substantial chance” or “fair probability” that criminal activity has transpired is sufficient to constitute probable cause for an arrest.SignificanceProbable cause may exist even if there is some doubt as to the suspect’s connecti
