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Probable cause is the standard of evidence for charging someone with a criminal offense (for the purpose of this discussion, this includes traffic offenses, which are not necessarily criminal). It is a standard by which a "reasonable person" would believe a crime was being, had been, or was about to be committed, and that the person charged was responsible.

Probable cause is a limit on police power. An officer cannot detain or arrest someone just because they want to. The officer has to have reasonable suspicion (a level of evidence less than probable cause) to stop or detain someone, and probable cause to charge or arrest them.

If an officer makes an arrest without probable cause, he can be held criminally and civilly liable for his actions. His employer or "agency" usually has to indemnify (pay for the costs of defending him and for most money damages, if awarded) him, so an officer who acts outside of his authority also puts his employer at risk. For this reason, agencies have an incentive to train their officers in proper use of their police powers and procedures under the law. The agencies also have a responsibility to discipline or discharge officers who engage in misconduct, as the misconduct exposes the agencies to liability.
Probable cause is what allows police officers to legally search and seize property and make legal arrests without violating the Constitutional Rights of American citizens.

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Bonita Tromp

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3y ago

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Probable cause is the standard of evidence for charging someone with a criminal offense (for the purpose of this discussion, this includes traffic offenses, which are not necessarily criminal). It is a standard by which a "reasonable person" would believe a crime was being, had been, or was about to be committed, and that the person charged was responsible.Probable cause is a limit on police power. An officer cannot detain or arrest someone just because they want to. The officer has to have reasonable suspicion (a level of evidence less than probable cause) to stop or detain someone, and probable cause to charge or arrest them.If an officer makes an arrest without probable cause, he can be held criminally and civilly liable for his actions. His employer or "agency" usually has to indemnify (pay for the costs of defending him and for most money damages, if awarded) him, so an officer who acts outside of his authority also puts his employer at risk. For this reason, agencies have an incentive to train their officers in proper use of their police powers and procedures under the law. The agencies also have a responsibility to discipline or discharge officers who engage in misconduct, as the misconduct exposes the agencies to liability.Probable cause is what allows police officers to legally search and seize property and make legal arrests without violating the Constitutional Rights of American citizens.


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