Probable Cause - What Is It?

Probable Cause And Your Arrest

Probable cause is a legal standard in Colorado, as in other U.S. jurisdictions, that serves as a foundational principle in both criminal investigations and legal proceedings.

It pertains to the justification required for law enforcement officers to make an arrest, conduct a search, or obtain a warrant. Under the Fourth Amendment to the U.S. Constitution, as well as under Colorado state law, probable cause is necessary to protect individuals’ rights against unreasonable searches and seizures.

However, probable cause is a nuanced concept that has evolved through legal interpretation and varies depending on the specific circumstances of each case.

Definition of Probable Cause

In general terms, probable cause means that there is a reasonable basis for believing that a crime has been, is being, or will be committed, and that evidence of the crime can likely be found in a specific location or on a specific person.

In Colorado, this concept is rooted in both federal and state legal standards, where courts have held that probable cause must be based on factual evidence and not merely on suspicion or hunches.

This term exists when the facts and circumstances within a police officer’s knowledge, and of which they have reasonably trustworthy information, are sufficient to lead a person of reasonable caution to believe that an offense has been or is being committed.

Application in Different Contexts

Probable cause applies in several areas of law enforcement and legal proceedings, including arrests, searches, and obtaining warrants:

Arrests: For a law enforcement officer to lawfully arrest someone in Colorado, they must have probable cause to believe that the individual has committed a crime. This means the officer must have reliable information or evidence that reasonably indicates the person has engaged in illegal activity.

For instance, if an officer observes someone committing a crime or if there are credible eyewitness accounts, these could constitute cause for an arrest.

Searches: Probable cause is also essential for conducting searches, especially those that involve private property. If officers seek to search a person’s home, vehicle, or personal belongings, they generally must have probable cause and, in most cases, a search warrant issued by a judge.

In Colorado, as elsewhere, there are exceptions to this requirement, such as searches made incident to an arrest or when an officer has reason to believe that evidence might be destroyed if they delay the search. Still, absent these exigent circumstances, cause remains a critical threshold for justifying a search.

Warrants: When police seek a warrant from a judge or magistrate, they must present an affidavit demonstrating probable cause. This document typically includes the evidence or facts that the police believe justify the issuance of the warrant. In Colorado, as in other states, this is a protective measure to ensure that citizens’ privacy is not violated without sufficient justification.

Legal Threshold and Interpretation

In Colorado, this standard is often interpreted by judges who must assess whether the facts and circumstances of a case justify law enforcement’s actions. Colorado courts rely on a “totality of the circumstances” test, a standard developed by the U.S. Supreme Court in Illinois v. Gates (1983). Under this test, judges look at the full context of the situation rather than relying solely on specific evidence.

This broader assessment includes considering the credibility of information sources, the reliability of any tips received, and any additional corroborative evidence.

This “totality of circumstances” approach allows for some flexibility but also imposes a burden on law enforcement to ensure they can provide enough objective evidence to meet the requirement. Thus, an officer’s subjective belief or intuition, no matter how strong, is not sufficient to meet the probable cause standard in Colorado.

Exceptions and Exemptions

There are some recognized exceptions in Colorado law where probable cause may not be strictly required. One common example is the “plain view” doctrine, which allows officers to seize evidence without a warrant if it is clearly visible. For instance, if a police officer legally enters a residence and sees illegal drugs on a table, they may have grounds to seize the evidence and arrest the occupant without obtaining a warrant.

Another exception is consent; if an individual voluntarily consents to a search, police officers do not need probable cause to proceed. Colorado courts carefully scrutinize cases involving consent to ensure it was given voluntarily and not coerced.

Probable cause is also not required in “stop-and-frisk” situations under Colorado’s interpretation of Terry v. Ohio (1968), where an officer may briefly detain and pat down a person based on reasonable suspicion—a lower standard than probable cause—if they suspect the person is armed and involved in criminal activity.

Probable Cause Hearings

Colorado law provides for probable cause hearings, particularly in cases where a suspect has been arrested without a warrant. In these situations, the suspect has a right to a prompt probable cause determination.

Typically, this hearing occurs within 48 hours of the arrest, where a judge will review the evidence to determine whether there was cause for the arrest. If probable cause is not established, the suspect may be released, and any evidence obtained may be excluded from trial under the exclusionary rule.

Challenges and Remedies

A defendant in Colorado can challenge probable cause through a motion to suppress evidence. This legal procedure seeks to prevent illegally obtained evidence from being used in court if it was gathered without probable cause or in violation of constitutional protections. \The judge will evaluate whether law enforcement had a reasonable basis to believe that a crime was connected to the search, seizure, or arrest in question. If the judge finds that probable cause was lacking, the evidence obtained may be inadmissible in court.

Conclusion
Probable cause is a critical safeguard in Colorado’s criminal justice system, balancing law enforcement’s authority with individual rights. Rooted in both federal and state law, it provides a necessary check to ensure that police actions are justified and that citizens are protected from arbitrary or unfounded intrusions.

While Colorado recognizes certain exceptions and employs a flexible standard for interpreting this legal; standard, the overarching requirement remains that any search, seizure, or arrest must be reasonably justified based on objective evidence and credible information. As such, probable cause serves as a cornerstone of fair and lawful policing, aiming to uphold constitutional rights while enabling effective law enforcement.

Charges We Defend