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NY Defense Attorney Explains | What is Probable Cause?

Posted by Daniel DuBois | Jul 21, 2022 | 0 Comments

Here in the United States, we have certain rights guaranteed to us by the Bill of Rights. One of the most important rights is the 4th Amendment right to be secure in your person, house, effects, and papers against unreasonable search and seizure.

Probable cause, search warrants, arrests, and other aspects of the legal process are closely linked together. For example, search and arrest warrants cannot be issued by a court without the probable cause being established. 

Probable Cause and Warrants

This means that in order for a search warrant to be issued, probable cause must be established. In order to get a warrant, an officer signs an affidavit affirming their side of the facts that probable cause exists for a search, seizure, or arrest. Courts are reliant on officers being honest and presenting accurate information. If an officer personally witnesses a crime they can arrest without a warrant. The defense team in later proceedings can challenge warrantless arrests. 

Probable Cause and Temporary Detention 

Temporary detentions do not require probable cause to be executed. Some examples of temporary detentions are traffic stops, questioning pedestrians, and others. These stops only require “reasonable suspicion”, not an elevated probable cause standard. 

Detention can progress into a formal arrest if the officer develops probable cause to charge you for a crime as a result of questioning. For you, the line between detention and arrest can be unclear, which is why it's key to know your rights. 

Probable Cause for Arrest

If a police officer announces a detainee is under arrest and puts on the handcuffs, then an arrest is obviously taking place. At that moment, the officer must have developed probable cause to believe the detainee has committed a specific crime.

Probable Cause is a lesser standard than the “preponderance of evidence” standard used in court (especially in civil cases) but is elevated from the “reasonable suspicion” standard for temporary detention. 

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS, AND THE OUTCOME OF YOUR PARTICULAR CASE OR MATTER CANNOT BE PREDICTED USING A LAWYER'S OR LAW FIRM'S PAST RESULTS. EACH CASE IS UNIQUE AND SHOULD BE EVALUATED THROUGH A PHONE CALL OR MEETING WITH DANIEL DUBOIS, WITHOUT COMPARISON TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.

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Facing any charge is a stressful endeavor. If you or someone you know needs a gun crime defense lawyer or a criminal defense attorney at all, don't hesitate to reach out to DuBois Law. You're innocent until proven guilty.

Remember to stay up to date with our blog, where we regularly go over these higher-level looks at NY Law, go over the process of arrest, and more. Don't just take our word for it, check out our Testimonials and Google Reviews! Everyone deserves the best representation to prove their side, which is why we have financing plans to be flexible for you. 

Save yourself the trouble of searching “best criminal defense lawyers near me,” remember to call Dan DuBois Law at (888) NT-GULTY (888) 684-8589 or fill out a contact form. Get your FREE consultation today.

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