The idea of probable cause dates back to the Fourth Amendment of the Constitution. In part, this amendment states, "no warrants shall issue, but upon probable cause." With no definitive explanation as to what might or might not constitute as "probable cause" provided, civilians, the courts, and criminal lawyers have been left to interpret the term on a case-by-case basis. With over 90 years in the business, the attorneys at Pater, Pater & Halverson Co. of Hamilton, OH, have helped hundreds of people navigate the abstract elements of probable cause cases. 

Throughout the years, it has loosely been established that "probable cause" cannot be explicitly defined or determined by a finite set of qualifications. Instead, each unique situation has to be addressed individually by the police officers, legal authorities, and criminal lawyers involved with the case.

To prove probable cause, police officers must be able to present objective reasons why they believe someone committed a crime or intended to commit a crime. However, if the presiding judge examines the same evidence and disagrees with this determination, the ruling is that probable cause was absent. 

When Can Law Enforcement Use Probable Cause To Investigate Or Arrest Suspects?

Under the Fourth Amendment, police may engage only in "reasonable" searches and seizures. In general, this means officers must be able to demonstrate that it is more likely than not that a crime involving the accused has occurred or would have occurred. Because evidence of probable cause is often subjective, an arrest based on this precedent can easily be challenged.

If you have questions about probable cause or believe you have a case that needs to be investigated by a criminal lawyer, call the experts at Pater, Pater & Halverson Co. Their team of attorneys specializes in wrongful death and DUI cases, estate planning, executing wills and trusts, and more. Visit their website to learn more, and call (513) 867-1411 to schedule your initial consultation with one of their experienced criminal lawyers today.