{"id":352372,"date":"2023-08-30T14:46:20","date_gmt":"2023-08-30T19:46:20","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/criminal\/criminal-rights\/probable-cause.html"},"modified":"2026-07-06T10:38:30","modified_gmt":"2026-07-06T15:38:30","slug":"probable-cause","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-rights\/probable-cause.html","title":{"rendered":"What Is Probable Cause?"},"content":{"rendered":"\n
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What Is Probable Cause?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, 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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Key Takeaways<\/h2>\n

Probable cause<\/span> is the legal basis that allows police to arrest\u00a0someone, conduct a\u00a0search, or seize property. For a warrant to be issued, probable cause<\/span> must be demonstrated based on the totality of the circumstances<\/span>.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

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

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

For a court to issue a\u00a0warrant, there must be a showing of probable cause<\/span>. Neither mere suspicion<\/span> nor fair probability<\/span> is enough.<\/p>\n

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