Thomas Kroger is an attorney who has been practicing law in West Virginia for over four years. Never one to limit himself, attorney Kroger has made himself somewhat of an expert in the various parameters of West Virginia and federal law. His special areas of interest include criminal defense, DUI defense, violent crime, divorce and family law and cases of child custody. Defending those who have been charged with a crime is part of attorney Kroger’s bread and butter and he always gives his clients his utmost attention regardless of the charge. In defending the accused, attorney Kroger has acquired a wealth of knowledge as to what constitutes probable cause. Below attorney Kroger explains just what the term means.
Often, my clients who have been recently charged with a crime will tell me that they willingly allowed the police to search their home or vehicle, wherein the incriminating piece of evidence was discovered. “Why did you allow the police inside?” is usually my follow-up question. By and large, the answer I receive is that the officers cited probable cause, and as such, they came inside. Here is how probable cause is determined:
- Professional observation – The police are trained to detect signs of suspicious activity. Based on the senses of the officer, it is acceptable for him to make a judgment based on the evidence he has seen or heard. However, in a court, he must be able to demonstrate that such evidence was there to justify his search.
- Professional expertise – A police officer is out and about on the street, every day, doing his job in the field. As a result, the average police officer recognizes certain signs he equates with criminal behavior. A police officer may decide that your gestures, behavior or even your clothes denote something suspect, which might be reason for him to cite probable cause.
- Tips – The police are often given information by witnesses, victims, informants and fellow officers. These can include some physical descriptions and traits. If you match these characteristics, you may be deemed a suspect and subsequently searched.
- Evidence – Circumstantial evidence lets the police know that something has occurred. Though the police know that a crime has certainly been committed, they require harder evidence to convict one of a crime. However, they can cite probable cause when arresting someone at the scene or connected to some form of revealing evidence.
Besides a judge-issued warrant, probable cause is the only means by which a legal search or arrest can occur. Generally, whatever signs lead the police conduct searches are supplemented by further evidence; however, some sources can be enough for a court. Still, you should know what constitutes true probable cause.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
