Probable Cause

Probable Cause
"Legal Lexicon":
PROBABLE CAUSE - A reasonable belief that a person has committed a crime. The test the court of appeals employs to determine whether probable cause existed for purposes of arrest is whether facts and circumstances within the officer's knowledge are sufficient to warrant a prudent person to believe a suspect has committed, is committing, or is about to commit a crime. U.S. v. Puerta, 982 F.2d 1297, 1300 (9th Cir. 1992). In terms of seizure of items, probable cause merely requires that the facts available to the officer warrants a "man of reasonable caution" to conclude that certain items may be contraband or stolen property or useful as evidence of a crime. U.S. v. Dunn, 946 F.2d 615, 619 (9th Cir. 1991), cert. Denied, 112 S. Ct. 401 (1992).
It is undisputed that the Fourth Amendment, applicable to the states through the Fourteenth Amendment, prohibits an officer from making an arrest without probable cause. McKenzie v. Lamb, 738 F.2d 1005, 1007 (9th Cir. 1984). Probable cause exists when "the facts and circumstances within the arresting officer's knowledge are sufficient to warrant a prudent person to believe that a suspect has committed, is committing, or is about to commit a crime." United States v. Hoyos, 892 F.2d 1387, 1392 (9th Cir. 1989), cert. denied, 489 U.S. 825 (1990) (citing United States v. Greene, 783 F.2d 1364, 1367 (9th Cir. 1986), cert. denied, 476 U.S. 1185 (1986)).
When there are grounds for suspicion that a person has committed a crime or misdemeanor, and public justice and the good of the community require that the matter should be examined, there is said to be a probable cause for, making a charge against the accused, however malicious the intention of the accuser may have been. And probable cause will be presumed till the contrary appears.
In an action, then, for a malicious prosecution, the plaintiff is bound to show total absence of probable cause, whether the original proceedings were civil or criminal.
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English-Chinese law dictionary (法律英汉双解大词典). 2013.

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Look at other dictionaries:

  • probable cause — see cause 2 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. probable cause n …   Law dictionary

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  • probable cause — n. Law reasonable grounds for presuming guilt in someone charged with a crime …   English World dictionary

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  • probable cause — noun (law) evidence sufficient to warrant an arrest or search and seizure a magistrate determined that there was probable cause to search the house • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑evidence, ↑grounds * * * noun [nonco …   Useful english dictionary

  • probable cause hearing — see hearing Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

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  • probable cause — Reasonable cause as shown by the circumstances of the case. Goldstein v Sabella (Fla) 88 So 2d 910, 58 ALR2d 1418 …   Ballentine's law dictionary

  • probable cause for statement otherwise tortious as defamatory — A reasonable ground of suspicion, supported by circumstances sufficient to warrant a cautious man in believing in the truth of the statement pleaded as the basis of a cause of action for defamation. Coates v Wallace, 4 Pa Super 253, 257 …   Ballentine's law dictionary

  • probable cause to hold accused for trial — Reasonable ground to believe that a crime has been committed and just cause to believe that the defendant committed it. State ex rel. Stevenson v Jameson, 78 SD 431, 104 NW2d 45 …   Ballentine's law dictionary

  • probable cause — noun Date: circa 1676 a reasonable ground for supposing that a charge is well founded …   New Collegiate Dictionary

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