What is Probable Cause?
Police officers need to have probable cause for a search, a seizure, and an arrest. Indeed, probable cause is one of the most important concepts in criminal defense. If your rights were violated on probable cause grounds, you may be in a position to get any related criminal charges thrown out. Here, our Columbia criminal defense attorney provides a guide to probable cause in South Carolina.
Know Your Rights: Fourth Amendment
The Fourth Amendment to the United States Constitution protects people from “unreasonable searches and seizures.” Law enforcement officers generally cannot stop you, search your property, or arrest you without a lawful reason. They need to have:
- A valid judicial warrant; or
- Probable cause.
The Bottom Line: Probable cause is a constitutional protection that ensures arrests, searches, and warrants are not based on suspicion alone.
Probable Cause: The Legal Definition
Understanding the importance, you may be wondering: What actually is probable cause? The answer depends on the specific circumstances of the case. Indeed, it is always a case-specific issue. It means there is a reasonable basis to believe that a crime has been committed and that the person or place in question is connected to the crime. It does not mean that guilt has been proven or even that the police are certain. Instead, it is about whether the facts/circumstances known to police would lead a reasonable person to believe that criminal activity is occurring or has occurred.
How Probable Cause Applies in Arrests and Searches
In South Carolina, police need probable cause to arrest someone without a warrant. For example, if an officer sees you committing a crime, that observation itself provides probable cause. In other situations, such as pulling someone over, state and local police officers typically need a warrant supported by probable cause. When police want to search your car, home, or belongings, they must either get a judge’s approval (warrant) or have an exception to the warrant rule, such as exigent circumstances or your active consent. If a search is conducted without a warrant and without probable cause, it is illegal. Anything found during it could be excluded from court.
What Happens if Police Lack Probable Cause?
If police act without probable cause, any evidence they collect may be thrown out under what’s called the exclusionary rule. In other words, the prosecution cannot use that evidence against you in court. For example, if you were arrested without probable cause and drugs were found during an unlawful search, your South Carolina attorney can file a motion to suppress the evidence. Courts take violations of the Fourth Amendment seriously. If evidence from an illegal search is thrown out, that could lead to the charges being dropped outright.
Speak to a South Carolina Criminal Defense Lawyer Today
At the Law Office of Jonathan M. Harvey, our South Carolina criminal defense lawyer is a strong, aggressive advocate for justice. If you have any questions or concerns about probable cause, we can help. Contact us right away for a completely confidential initial consultation. Our firm is located in Columbia, and we provide criminal defense services throughout the region in South Carolina.