What is probable cause?

• A. The legal standard requiring sufficient facts and circumstances to justify a reasonable belief of criminality; more than a hunch, less than preponderance of evidence
• B. A standard requiring proof beyond reasonable doubt
• C. A standard used only in civil cases
• D. A standard of proof by the preponderance of evidence

Answer: (A)

Probable cause is the level of certainty needed to justify police action such as an arrest or a search. It means there are sufficient facts and circumstances that would lead a reasonable person to believe criminal activity is afoot. It’s more than a mere hunch, but it does not require proof to the degree needed to convict someone. The assessment is based on the facts known to the officer at the time, evaluated under the totality of the circumstances, and what a reasonable officer in similar circumstances would conclude. This standard is the basis for issuing warrants and for making certain arrests without a warrant when time is critical.

That distinguishes it from the standard for conviction (beyond a reasonable doubt) and from the civil standard (preponderance of the evidence), and from the idea that it’s used only in civil cases.