What is Probable Cause?

You have likely heard “probable cause” in reference to a criminal defense investigation, though many people aren’t aware of what the term actually entails.

Probable Cause Defined

Stemming from the 4th amendment of the U.S. constitution, probable cause means the law enforcement are required to have a satisfactory reason to arrest someone, conduct a search, or seize property relating to a suspected crime. This prevents police from unlawfully arresting or searching your premises, simply out of bias.

In order to prove probable cause, police must sign an affidavit stating the facts regarding why he or she is suspicious. If law enforcement arrests someone without a warrant, probable cause must be proven after the fact, and a defendant cannot be prosecuted without proving an alleged crime is or was taking place. A police officer must have some prior knowledge, or otherwise witness something which causes reasonable suspicion in order to sign an affidavit allowing a lawful search, seizure, or arrest.

If you feel as though you have been arrested, searched, or had your property seized unlawfully, without reason, or with bias, our Boston criminal defense attorneys of Brad Bailey Law will work tirelessly to prove there was no probable cause, doing everything in our power to throw your case out the window.

Contact Our Boston Criminal Defense Lawyers Today

If you or a loved one has been charged or accused of a crime, there is no time to waste in enlisting in the help of a Boston criminal defense attorney you can trust to advocate on your behalf. There is nothing as frightening as realizing you are facing costly fines, jail time, and probation for something you have not done. Your personal and professional lives are both on the line, and our legal team will do everything possible to protect your future and reputation as much as possible.

Schedule an initial consultation with a member of our firm by calling (617) 500-0252.

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