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Simple English definitions for legal terms
probable cause
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A quick definition of probable cause:
Probable cause: Before the police can arrest someone, search their things, or get a warrant, they need to have a good reason to believe that a crime has been committed or that there is evidence of a crime in the place they want to search. This is called probable cause. It's like when you have a good reason to think your little brother took your toy because you saw him playing with it earlier. The police need to have a good reason too before they can take action.
A more thorough explanation:
Probable cause is a legal requirement that police officers must meet before making an arrest, conducting a search, or receiving a warrant. It is based on the Fourth Amendment of the United States Constitution, which states that "no warrants shall issue, but upon probable cause."
Probable cause is usually established when there is a reasonable basis for believing that a crime may have been committed or when evidence of the crime is present in the place to be searched. Under certain circumstances, probable cause can also justify a warrantless search or seizure.
- If a police officer sees someone breaking into a car, they have probable cause to arrest that person for theft.
- If a police officer smells marijuana coming from a house, they have probable cause to obtain a search warrant for that house.
- If a police officer is in hot pursuit of a suspect who has just committed a crime, they have probable cause to enter a private property without a warrant.
These examples illustrate how probable cause is based on the specific circumstances of each case. It is not a fixed standard, but rather a flexible concept that depends on the facts and context of each situation.