Skip to content

Call Us: 215-755-9000

Menu
Gambone Law
  • About
  • Case Results
  • Podcasts
  • Areas Of Law
    • Philadelphia DUI Defense Lawyers
    • Philadelphia Drug Crime Lawyers
    • Philadelphia Gun Crime Attorneys
    • Philadelphia Violent Crime Lawyers
  • Publications
    • Free Books
    • FAQs
    • Library
  • Testimonials
  • Blog
  • Contact
Close Menu

Touch below for a free consultation.*

  • call
  • Text
  • Email

What Is Considered Probable Cause Or Reasonable Suspicion?

Criminal charges are the result of investigations. Even those charges that start with an anonymous tip are investigated by police before the district attorney’s or a prosecutor’s office decides to bring charges against a person.

Before obtaining a warrant or arresting someone, police must have probable cause, the requirement that protects a person’s Fourth Amendment right against illegal search and seizure (the arrest). Probable cause exists when the facts and circumstances within the police officer’s (or another law enforcement official’s) knowledge are sufficient enough that a reasonable person would believe that the person arrested or searched was committing or had committed a crime. While police need probable cause to arrest, they need only reasonable suspicion to start an investigation. Consider reasonable suspicion to be a lower form of probable cause.

Both probable cause and reasonable suspicion ask whether a reasonable person in the officer’s position would act on the information. Courts use all evidence available or what is called a “totality of the circumstances” analysis to determine if either probable cause or reasonable suspicion exists.

Keep in mind that the standards for probable cause and reasonable suspicion are much less than what is needed to convict a person of a crime. Probable cause authorizes a more severe intrusion, and therefore, law enforcement must meet a higher standard than reasonable suspicion. Probable cause is a fair probability or a reasonable ground that a crime was committed or is being committed.
While reasonable suspicion requires fewer articulable facts, the officer must still demonstrate that he or she had more than just a subjective belief or hunch. Reasonable suspicion permits the brief stop of a person and may justify limited searches.

Many arrests occur after searches. While there are exceptions, law enforcement officials must usually have a warrant to conduct any search of a person’s home, vehicle or belongings. The establishment of probable cause is crucial to a search warrant because without it, the search violates the Fourth Amendment to U.S. Constitution. Pennsylvania’s Constitution also contains a provision against illegal search and seizure through Article I, Section VIII of that document.

Can The Police Search My Car Or Vehicle Without A Warrant? What Is Considered Reasonable In A School Search?

Related Posts

Knock door hand

Illegal Search & Seizure

How can a Franks Motion knock out a search warrant?

Medical syringe isolated on white

Illegal Search & Seizure

Safe Injection Sites, Stop & Frisk – Pedestrian & Vehicle Searches

Illegal Search & Seizure

Criminal Lawyer – Expectation of Privacy in A Rental Car

Categories

  • Criminal Defense
  • DUI & DWI Defense
  • General
  • Drugs & Narcotics
  • Weapons Charges

Contact Us

Back To Top
Gambone Law
  • Home
  • Practice Areas
  • About
  • Free Info
  • Blog
  • Contact Us
© Gambone Law 2021
All Rights Reserved, Reproduced with Permission

Contact Us

Philadelphia Office

2008 Chestnut Street
Philadelphia, PA 19103

Phone: 215-755-9000

Get Directions

Montgomery County Office

600 W. Germantown Pike, Suite 400
Plymouth Meeting, PA 19462

Phone: 215-557-0231

Get Directions

Delaware County Office

341 West Pearl Street
Media, PA 19063

Phone: 215-755-9000

Get Directions

New Jersey Office

123 E. Main Street
Moorestown, NJ 08057

Phone: 856-793-7429

Get Directions