What does probable cause mean when police seek an arrest or search warrant?

Created from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles.

In the context of criminal law, probable cause refers to a reasonable ground for supposing that a charge is well-founded or that a crime has been committed. It serves as a vital constitutional safeguard, mandated by the Fourth Amendment to protect individuals against unreasonable searches and seizures.123

When police seek a warrant, they must demonstrate probable cause to a judge or magistrate under oath or affirmation.24

  • Arrest Warrants: Authorities must show that a criminal offense has likely been committed and that the specific person named in the warrant is probably guilty.5
  • Search Warrants: Authorities must provide evidence to satisfy a judge that there is good reason to suspect that specific evidence of a crime will be found at a particular location.4

The requirement for probable cause ensures that law enforcement's power to interfere with individual liberty is subject to judicial oversight. If a warrant is issued without meeting this standard, or if a search is conducted improperly, evidence obtained may be subject to the exclusionary rule and deemed inadmissible in court.543