Sacramento Criminal Defense Lawyer Blog

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. - Fourth Amendment to the Constitution of the United States

Probable cause is among the most important legal protections U.S. citizens have against the exercise of government power. It is provided through the 4th Amendment because governments at all levels- national, state, and local - have great resources at their disposal to monitor people's activities, search their belongings, invade their residences, and deprive them of their liberty by arresting and jailing them. Citizens rely on the 4th Amendment to protect their privacy from government intrusion and their possessions from government seizure.

While the language of the 4th Amendment focuses on issuance of search warrants, probable cause comes into play in a variety of circumstances. One of the most common is when a police officer in the field suspects someone of engaging in criminal activity and must decide if probable cause exists to make an arrest.

Different definitions of probable cause have been articulated over the years, but they boil down to this: Can a reasonable person deduce from the evidence at hand that a crime has been or is being committed. Though similar to the notion of reasonable suspicion, which pertains to brief detention and questioning by police, probable cause is a more demanding standard, requiring more evidence and greater suspicion of wrongdoing. (See the October 22 post for a discussion of reasonable suspicion)

The difference between probable cause and reasonable suspicion in questioning and arrest can be illustrated this way. Let's say there's been a robbery at a local electronics store. Police may briefly detain and question a person if he is driving a car matching the description of a vehicle seen driving away at high speed from the store at the time of the robbery. Reasonable suspicion is satisfied. But more is needed for probable cause to make an arrest. One way would be for police to verify ownership of the car. If it is not registered to the person driving it, that is a step toward meeting the standard of probable cause. It doesn't prove guilt, but it certainly heightens suspicion. Next, police might look to the behavior of the person driving the car. If that person can't explain clearly where he's been or where's he's going, probable cause is closer to being met. Police, in this example, might also see boxes of what appear to be cell phones and Blu-ray disk players in the back seat. These facts taken together would most likely be enough to satisfy the standard of probable cause and allow police to make an arrest. It doesn't mean that the suspect is guilty; it means that sufficient evidence exists for the government to begin the process of filing formal criminal charges.

Continue reading "Probable Cause" »

As a follow-up to our October 9 post in which we explained the concept of reasonable doubt, today we look at reasonable suspicion. Though the words suspicion and doubt have related definitions in everyday usage, they have vastly different meanings and applications in criminal law when linked with the word reasonable.

Reasonable suspicion derives from the Fourth Amendment's right of the people to be free from unreasonable searches and seizures and pertains to law enforcement's ability to detain, question, or frisk a suspected criminal. A police officer must have more than a hunch. The standard is that a reasonable person looking at all the evidence believes that it is likely that the suspect has committed, or will soon commit, a crime.

What does this mean in practical terms? Here are a few examples. A person could be briefly detained and questioned by police if she/he: matches the physical description of a suspect; is driving the same make and color car that was involved in a crime; is seen running from the vicinity of a crime; is walking down the street with a handgun; or is seen on a surveillance camera leaving a store just after goods were stolen.

Many rules exist that complicate the matter, particularly related to frisking of a suspect, since frisking constitutes such an extreme invasion of privacy. For example, police may frisk a person whose clothing shows bulges that look like hidden weapons. They may not, however, frisk people for the mere suspicion of possessing drugs.

The detention and questioning of suspects has become known as a Terry Stop, because of the Supreme Court's ruling in Terry v. Ohio (1968), in which the Court laid down the principles of reasonable suspicion. The key thing to keep in mind is that each situation is different. Reasonable suspicion derives from the complete set of circumstances that law enforcement personnel encounter. If you have questions about an instance in which you or someone you know was detained and questioned by the police, contact the Law Office of Nancy King.

Our next post will cover probable cause, the standard required for police to obtain a warrant, conduct a search, or make an arrest.