What Defines Probable Cause in California?
The Fourth Amendment to the Constitution safeguards American citizens from "unreasonable searches and seizures" and from warrants issued "without probable cause."
The question of what exactly defines "probable cause" and when it applies can seem complex, but understanding it helps California criminal defense attorneys and individuals feel more confident about their rights.
If an attorney can demonstrate that the government lacked probable cause for your arrest or the search and seizure of your property, it can greatly undermine your case.
Essentially, law enforcement and the state must respect your constitutional rights when building a case, helping you feel protected regardless of your guilt or innocence.
How to Determine Probable Cause
So, what does probable cause mean in a criminal case? In simple terms, it refers to evidence that would persuade a reasonable person to believe that a crime has been committed or that there is evidence of illegal activity at a particular place to be searched.
In California, probable cause can be relevant in various situations. For example, consider these scenarios:
- Did the police have enough probable cause to arrest you for a crime?
- Did they have sufficient reason to detain you following the traffic stop?
- Did the police provide enough probable cause to the judge to issue a search warrant?
- Did the prosecutor establish sufficient probable cause to require you to answer for criminal charges following a preliminary hearing?
An area where probable cause is frequently misunderstood involves traffic stops. Police are only required to have "reasonable suspicion," which is a lower standard than probable cause.
In other words, during a traffic stop, police only require a reasonable suspicion that you've committed a traffic violation under any part of the California Vehicle Code. Importantly, this reasonable suspicion standard also applies in DUI cases.
A Penal Code 995 motion to dismiss is a highly effective tool in California criminal defense. It enables a defendant to contest the legality of the charges following a preliminary hearing and request the court to dismiss some or all of them.
When Does Probable Cause Apply?
Probable cause means having a reasonable belief, based on sufficient evidence that is plausible but not definitive, that a person probably committed a crime. It is a standard necessary to justify actions like traffic stops, arrests, search warrants, and investigations.
By requiring a reasonable suspicion, probable cause supports the rule of law and protects individual rights. It's important to remember that the evidence needed for probable cause doesn't have to be conclusive, as you haven't been convicted of a crime yet.
Probable cause is based on having sufficient evidence to suspect you of a crime, not necessarily to prove your guilt. Once this threshold is reached, your defense attorney's role is to demonstrate that the evidence is insufficient to establish guilt beyond a reasonable doubt. In California law, the probable cause standard is relevant in various situations.
Learning that your case has been “DA rejected” in California can bring a sense of relief—but also confusion about what it actually means for your future.
Definition of Probable Cause
Probable cause is defined as "a requirement found in the Fourth Amendment that must usually be met before police make an arrest, conduct a search, or receive a warrant.
Courts usually find probable cause when there is a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search).
Under exigent circumstances, probable cause can also justify a warrantless search or seizure. Persons arrested without a warrant must be brought before a competent authority shortly after the arrest for a prompt judicial determination of probable cause."
What Are the Considerations for Traffic Stops?
Traffic stops are among the most frequent situations where probable cause is relevant. Officers are permitted to stop drivers if they reasonably suspect a traffic violation or crime has taken place.
This suspicion might stem from observed behavior such as erratic driving. If, during the stop, the officer finds additional signs of criminal activity, this could establish probable cause for arrest without a warrant. Here are some examples below:
Imagine a police officer using a radar gun to measure someone driving 20 mph above the speed limit. Although not definitive proof, the radar gun gives probable cause to believe they were speeding, allowing the officer to pull them over and give a ticket.
Now, suppose a police officer notices someone drifting in and out of lanes on the highway without signaling, which gives the officer reasonable suspicion of DUI and probable cause to pull them over.
What Standard Governs Arrests and Warrants?
Arrests without a warrant require probable cause. A police officer may only make an arrest without a warrant if:
- They reasonably believe you committed a crime, based on their observations.
- That you committed a felony, regardless of whether it was in their presence.
Similarly, a judge with probable cause can only issue an arrest warrant if there is evidence suggesting that a crime probably happened.
What is the Situation Regarding Search Warrants?
Probable cause is also essential for securing search warrants. Law enforcement needs to provide enough evidence to convince a judge of the following:
- It is probable that a crime has taken place, and
- Evidence of the crime is likely to be located at a specific site.
In simple terms, a judge usually assesses probable cause based on the facts in an officer's warrant application (affidavit). For example, if police believe stolen items are at a specific residence, they need to present supporting evidence to obtain a search warrant.
What Law Applies to Preliminary Hearings?
In California, a judge can only order a felony case to go to trial if there is probable cause established during a preliminary hearing. This hearing assesses whether there is sufficient evidence to "hold you to answer" for the charges and move forward to trial.
In other words, if you are arrested and charged with a felony, the judge will conduct a preliminary hearing to determine whether the evidence reasonably suggests you committed the crime.
Following the prosecutor's presentation of evidence, your defense attorney can question whether there is enough evidence to support the charge(s).
If the judge finds insufficient evidence to justify a trial, or if it is determined that probable cause was not established at any earlier stage—such as in cases of unlawful searches or arrests lacking probable cause—the charges will be dismissed due to lack of probable cause.
These hearings operate under a probable cause standard, which is lower than the "beyond a reasonable doubt" standard used in criminal trials. Perhaps we can argue there is insufficient evidence to convict.
Under California Penal Code Section 991, defendants may request a pretrial hearing to dismiss misdemeanor charges when the evidence is insufficient.
Contact our law firm for a case review. Cron, Israels & Stark has offices in Los Angeles, CA.