{"id":352372,"date":"2023-08-30T14:46:20","date_gmt":"2023-08-30T19:46:20","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-rights\/probable-cause.html"},"modified":"2023-08-30T14:46:20","modified_gmt":"2023-08-30T19:46:20","slug":"probable-cause","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-rights\/probable-cause.html","title":{"rendered":"Probable Cause"},"content":{"rendered":"\n
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Probable Cause<\/h1>\n\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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"Probable cause" is the legal basis that allows police to arrest someone, conduct a search, or seize property. For a warrant to be issued, probable cause must be demonstrated based on the totality of the circumstances.<\/p>\n\n <\/div>\n\n\n\n

This requirement comes from the\u00a0Fourth Amendment to the U.S. Constitution, which protects against unreasonable searches and seizures<\/a>:<\/p>\n

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”<\/i><\/p>\n

Thus, for a court to issue a\u00a0warrant, it must be supported by a showing of probable cause.<\/p>\n

This article provides a definition of probable cause. It also examines the probable cause standard in connection with the following:<\/p>\n