Legal Definitions - probabilis causa

Probabilis causa is a Latin legal term that translates to probable cause. In legal contexts, it refers to a reasonable belief, supported by facts and circumstances, that a crime has been committed or that evidence of a crime exists in a particular location.

This standard is crucial in various legal proceedings, especially in criminal law, where it justifies actions like arrests, searches, and the issuance of warrants. It requires more than a mere suspicion but less than the certainty needed for a conviction (beyond a reasonable doubt). Essentially, there must be enough credible information to lead a reasonable and prudent person to believe that the proposed action (like an arrest or search) is justified.

• Example 1: Justifying an Arrest

  A police officer responds to a report of a hit-and-run accident. Witnesses at the scene provide a detailed description of the fleeing vehicle, including its make, model, color, and a partial license plate number, along with a description of the driver. Shortly after, the officer spots a vehicle matching the description, with fresh damage consistent with the accident, parked outside a nearby bar. The driver, who matches the witness description, is seen exiting the vehicle. Based on the consistent witness accounts and the physical evidence on the vehicle, the officer has probabilis causa to believe the driver was involved in the hit-and-run and can make an arrest.

  Explanation: The combination of multiple pieces of corroborating evidence—witness descriptions of the car and driver, the car's damage, and its proximity to the accident scene—would lead a reasonable person to believe that the individual committed the crime, thus meeting the probable cause standard for an arrest.

• Example 2: Obtaining a Search Warrant

  Detectives are investigating a series of burglaries in a neighborhood. An informant, who has provided reliable information in the past, tells them that a specific individual is storing stolen electronics in their garage. The detectives then conduct surveillance on the suspect's home and observe several large, unopened boxes being moved into the garage late at night. They also check pawn shop records and find that the suspect has recently sold items matching descriptions of property stolen in the burglaries. This collection of information—the reliable informant's tip, the observed activity, and the pawn shop records—would establish probabilis causa for a judge to issue a search warrant for the suspect's garage.

  Explanation: The judge would find that the accumulated facts, including a credible tip and independent corroborating evidence, provide a reasonable basis to believe that evidence of the burglaries (stolen electronics) would be found in the garage, justifying the issuance of a search warrant.