Probable Cause Law

If you are being accused of a crime and are facing charges and possible time in court you should be aware of your rights. Finding a good lawyer to defend you is a good starting point. A knowledgeable lawyer can inform you of your rights and make you familiar with terms you need to know regarding your case. One important thing you should be aware of is probable cause and how it affects you. Probable cause not only involves conviction of a crime but also has to do with how evidence of a crime can be obtained.

What is the origin of term "Miranda rights?"
The term "Miranda rights" stems from the 1966 Supreme Court case Miranda v. Arizona, which involved a man named Ernesto Miranda. Mr. Miranda was accused of kidnapping and rape, but the prosecuting attorneys used only his confession to convict him. The Supreme Court eventually ruled the interrogation was intimidating and that had Mr. Miranda known his rights of counsel and self-incrimination the prosecution would not have been able to secure a conviction. It was then decided that every suspect brought into custody must be made aware of their rights in order to prevent similar occurrences in the future.

Probable cause basically comes from the 4th Amendment, which mainly speaks of a citizen's right to not have their property searched or seized without probable cause. The basic definition of probable cause is a "reasonable belief that a crime has been committed" and also that the person being searched is reasonably connected to the crime. Probable cause assures that citizens cannot have their privacy invaded unless there is very good reason to believe that they have committed a crime. Also probable cause limits a police officer to only arresting a person who they have reason to believe to have committed a crime. This prevents police officers from being able to arbitrarily arrest anyone.

Probable cause also can refer to whether or not a grand jury believes that a particular person has committed a particular crime. When cases are brought before a grand jury the prosecution has to prove that there is enough probable cause to believe that the defendant has committed a crime. If the grand jury does find probable cause then the case can go on to a full trial. Sources that can be used to show probable cause can include observation, expertise, circumstantial evidence, and actual information.

If you have been arrested for a crime, had your property or person searched, or been brought before a grand jury, it is important that you are familiar with probable cause. If your rights were not followed under the 4th Amendment you need to call those actions into question. If an arrest, search and seizure, or grand jury opinion has been reached without probable cause then it is very possible your rights as a citizen have been violated. It is important that you find an attorney that deals with such cases and can knowledgeably advise you on your rights and assist you with your case. Protect your rights as a citizen and find a great attorney to help you today.