Criminal Law
Probable Cause
Definition
Probable cause is the Fourth Amendment standard required for an arrest or the issuance of a search warrant. It exists when the facts and circumstances within an officer's knowledge are sufficient to warrant a person of reasonable caution in the belief that a crime has been, is being, or is about to be committed (for arrest), or that evidence of a crime will be found in the place to be searched (for a warrant). Probable cause is a practical, non-technical standard — more than reasonable suspicion but less than proof beyond a reasonable doubt.
Example
An officer smells marijuana emanating from a vehicle during a traffic stop. This provides probable cause to search the vehicle under the automobile exception.