What is Probable Cause

What Is Probable Cause?

Probable cause is a legal standard used in criminal cases. In general, it means police or the court must have enough facts and circumstances to reasonably believe that a crime has been committed, that a person committed it, or that evidence of a crime may be found in a particular place.

Probable cause can affect several stages of a Massachusetts criminal case, including whether police can make an arrest, whether a search warrant can issue, whether a criminal complaint can move forward, and whether evidence may be challenged later in court.

Massachusetts law requires a search warrant application to be supported by an affidavit, and the warrant must particularly describe the place to be searched and the property or items to be searched for. You can review the Massachusetts search warrant requirements under Massachusetts General Laws Chapter 276, Section 2 and Massachusetts General Laws Chapter 276, Section 2B.

What Are Examples of Probable Cause?

Probable cause depends on the specific facts of the case. In a criminal investigation, police may claim probable cause based on things such as:

• Witness statements
• Police observations
• Physical evidence
• Video footage or photographs
• Statements made by the suspect
• Reliable information from an informant
• Evidence found in plain view
• Facts suggesting that evidence of a crime may be located in a specific place

In drug-related cases, probable cause may involve evidence such as suspected drugs or drug paraphernalia in plain view, controlled buys, reliable informant information, surveillance, packaging materials, large amounts of cash, or other facts suggesting possession or distribution. However, the details matter. For example, marijuana-related probable cause issues can be more complicated because Massachusetts law permits certain adult possession and use of marijuana.

Can My Case Be Dismissed If There Was No Probable Cause?

Sometimes, but dismissal is not automatic. If police lacked probable cause for an arrest, search, warrant, or seizure, your attorney may be able to challenge the evidence or the legal basis for the charge.

One common tool is a motion to suppress. If the court agrees that evidence was obtained unlawfully, the judge may suppress that evidence, meaning the prosecution may not be able to use it. Massachusetts Rule of Criminal Procedure 13 addresses pretrial motions, including motions to suppress. You can review Massachusetts Rule of Criminal Procedure 13.

If critical evidence is suppressed, the prosecution’s case may be weakened. In some cases, that can lead to a dismissal, reduction of charges, or a more favorable resolution.

How Do I Know If Police Had Probable Cause in My Case?

You may not know right away. Probable cause often depends on police reports, witness statements, body camera footage, search warrant affidavits, informant information, 911 calls, and the timeline of events.

A defense attorney can review the evidence and determine whether police had a lawful basis for the arrest, search, or seizure. If there are problems, your attorney may seek to suppress evidence, challenge the complaint, or argue that the Commonwealth cannot prove its case.

If your case began with a summons, clerk magistrate hearing, or criminal complaint, probable cause may also affect whether a complaint can issue. Massachusetts criminal procedure includes probable cause rules for complaints, summonses, and arrest warrants. You can review the Massachusetts Rules of Criminal Procedure overview here: Massachusetts Rules of Criminal Procedure.

Why Probable Cause Matters

Probable cause matters because it protects people from unlawful arrests, searches, and seizures. If police act without the required legal basis, the defense may have grounds to challenge the evidence and protect your constitutional rights.

This can be especially important in cases involving drug possession charges, assault and battery charges, property crimes, motor vehicle stops, and other criminal allegations where the case depends heavily on police observations or seized evidence.

Need Help?

If you are facing criminal charges and believe police acted without probable cause, it is important to speak with a defense attorney as soon as possible.

At The Law Offices of Elliot Savitz & Scott Bradley, we examine police reports, affidavits, search warrant materials, and the timeline of events to determine whether your rights were violated.

If police searched you, arrested you, or charged you without proper legal cause, contact The Law Offices of Elliot Savitz & Scott Bradley today for a confidential consultation.