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I hope this finds you well. We hear the term probable cause used a lot, but what does it
actually mean?
Probable cause can be defined as more probable than not.
So for example, if an officer says he has probable cause to search your backpack what
he's really saying is that it is more likely than not that you have something illegal in
your bag.
Of course the officer must be able to articulate facts as to why he has probable cause otherwise
he's operating on a hunch or reasonable suspicion.
Heres how a hunch and reasonable suspicion compare to probable cause.
You can think about it in levels. First theres a hunch, kinda like a spidey sense.
Then theres a reasonable suspicion, which doesn't have a clear definition but is a lower
standard than probable cause.
Reasonable suspicion, for example, is all that is needed to stop a car. The officer
can pull you over if they have a reasonable suspicion that criminal activity is a foot.
Like wise a reasonable suspicion is all that is needed for an investigator stop also known
as a Terry Stop, which is a form of seizure.
Finally , after probable cause comes beyond a reasonable doubt.
beyond a reasonable doubt is the standard required to convict an individual of a crime.
So why is probable cause so important?
Its important because probable cause is the standard required for the invasion of your
fourth amendment right to be free from search and seizure.
Of course as with most laws there are exceptions. One of those exceptions is consent.
If an individual gives consent to a search or seizure than the determination of probable
cause is irrelevant because you have allowed an officer to search.
I should mention that you have a constitutional right to refuse to give consent.
That doesn't mean that you wont be searched but it may become very important if the search
is later invalidated. Meaning the search was unreasonable.
An example is the best way to convey what i mean. Lets say a cop says “Can I search
your bag?”
if you refuse to give consent to the search of your back pack and the police search it
any way, their search may be found to have been illegal or unreasonable.
And your refusal then makes it more likely than not, pun intended, that the items found
in your back pack will not be admitted as evidence against you, barring an exception
of course.
We will examine more of these exceptions and case law in later videos but for now, do check
out my exceptions to the warrant requirement video.
One more note about consent. Your refusal to give consent does not create probable cause.
So in sum, probable cause is more than a reasonable suspicion and less than beyond a reasonable
doubt.
It is the greater of the probability, or possibility that the fruits, evidence, or instruments
of a crime exist. Thanks for watching.