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probable cause :: legal definition


Probable cause - n. sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime. Probable cause must exist for a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime. While some cases are easy (pistols and illicit drugs in plain sight, gunshots, a suspect running from a liquor store with a clerk screaming "help"), actions "typical" of drug dealers, burglars, prostitutes, thieves, or people with guilt "written across their faces," are more difficult to categorize. "Probable cause" is often subjective, but if the police officer's belief or even hunch was correct, finding stolen goods, the hidden weapon or drugs may be claimed as self-fulfilling proof of probable cause. Technically, probable cause has to exist prior to arrest, search or seizure.

See also: Bill of Rights search search and seizure and Related Law Terms ↓


Related Law Terms

arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
arrest warrant :: n. a judge's order to law enforcement officers to ... ommitted a crime. See also: warrant
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment
forfeit :: v. to lose property or rights involuntarily as a p ... drunk driving. See also: forfeiture
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
plain view doctrine :: n. the rule that a law enforcement officer may mak ... : search and seizure search warrant
quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
resisting arrest :: n. the crime of using physical force (no matter ho ... referred to merely as "resisting."
riot :: n. 1) technically a turbulent and violent disturba ... to unlawful possession of firearms.
roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
seizure :: n. the taking by law enforcement officers of poten ... e search and seizure search warrant
spot zoning :: n. a provision in a general plan which benefits a ... . See also: grandfathered in zoning
stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant
title search :: n. the examination of county records for the prope ... e escrow lien title title insurance
unreasonable search and seizure :: n. search of an individual or his/her premises (in ... e probable cause search and seizure
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
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testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - P

paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute
panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander
panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire
paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud
par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock
paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys.
paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title
parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward
parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption
parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person.
pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto
parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county.
parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright
parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule
parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document.