What is Probable Cause? Understanding Your Rights in New Jersey

Probable cause means police have enough facts and circumstances to reasonably believe that a crime was committed or that evidence of a crime will be found in a particular place. It requires more than a hunch, but less than the proof needed to convict someone in court. You are generally protected from unreasonable searches and seizures under the Fourth Amendment and Article I, Paragraph 7 of the New Jersey Constitution.

If police arrested you or searched you based on questionable information, our Atlantic County criminal defense attorneys at LACE Law can assess what they knew before they acted and whether that information was sufficient to establish probable cause.

When Do Police Need Probable Cause?

Police generally need probable cause before making an arrest or obtaining a search warrant. They may also need it for certain warrantless searches. For example, an officer cannot normally arrest you simply because you seem suspicious. The officer needs facts that support a reasonable belief that you committed a crime.

Search warrants have a similar requirement. Under New Jersey Court Rule 3:5-3, a warrant application must establish probable cause for the search. The judge reviewing the application decides whether the information provides enough legal grounds to issue the warrant.

What is the Difference Between Reasonable Suspicion and Probable Cause?

They are not the same standard. Reasonable suspicion is enough for police to briefly stop and investigate when specific facts suggest criminal activity may be occurring. Probable cause, on the other hand, requires a stronger factual basis to believe a crime was committed or that evidence will be found.

For instance, an officer may have reasonable suspicion to stop a driver after observing conduct suggesting impairment. Additional observations, such as the driver’s statements, physical signs, or performance during the stop, may provide probable cause for an arrest. The exact facts matter. Police can’t just turn a vague suspicion into probable cause simply by making an arrest.

Can Police Arrest You Even If They Didn’t See You Commit a Crime?

Yes, in some circumstances. Police don’t always have to witness a crime to arrest someone. They may rely on witness information, physical evidence, surveillance footage, statements, or other reliable facts. However, the information must still support probable cause. If an arrest was based on unreliable information, an unsupported accusation, or facts that didn’t reasonably connect you to a crime, our criminal defense attorneys in Atlantic County can challenge the legality of the arrest.

Can Police Search Your Home Based Only on Probable Cause?

Usually, no. Probable cause is generally required to obtain a search warrant for your home. However, probable cause alone doesn’t normally give police unlimited authority to enter your residence without a warrant. Limited exceptions exist, such as voluntary consent or certain emergency circumstances. Whether one applies depends on the facts surrounding the entry.

What Happens If Police Did Not Have Probable Cause?

If police lacked probable cause when they were required to have it, you may be able to challenge the legality of the arrest or search. Depending on what happened and what evidence was obtained, your defense can seek suppression of evidence. Suppression doesn’t automatically dismiss a criminal charge, but excluding important evidence can significantly weaken the prosecution’s case.

Was There Probable Cause for Your Atlantic County Arrest or Search?

Learn more about your Fourth Amendment rights and how our Atlantic County criminal defense lawyers at LACE Law can help by requesting your free case review online or calling our office at 609-225-4065.