When it comes to criminal law, probable cause is one of the most important legal concepts you should understand. If you have been arrested or your property has been searched, probable cause is often the legal foundation that law enforcement must rely on. Your right to be free from unlawful searches and seizures is protected by both the Fourth Amendment of the United States Constitution and the Pennsylvania Constitution.
What Is Probable Cause?
Probable cause is the legal standard that law enforcement officers must meet before they can arrest you or search your person, vehicle, or property. It is not based on a hunch or vague suspicion. Instead, the law requires specific facts and observations that would lead a reasonable person to believe that a crime has been or is being committed. Courts use what is known as the totality of the circumstances approach to determine whether probable cause exists. This means that all of the information available at the time is considered together to decide if there is a fair probability that a crime occurred. The assessment must be reasonable based on the facts and context, not just on the officer’s subjective belief.
Why Does Probable Cause Matter?
If the police make an arrest or conduct a search without establishing probable cause, your constitutional rights may have been violated. This could make any evidence they obtained inadmissible in court. That means your attorney can file a motion to suppress the evidence, which may significantly weaken or even eliminate the prosecution’s case against you.
What Can You Do If Your Rights Were Violated?
If you believe the police searched you or your property without legal justification, or if you were arrested without sufficient evidence, you may have grounds to challenge those actions in court. The law gives you the right to question whether proper procedures were followed. At PKN Law, Attorney Patrick Nightingale has over twenty-four years of experience in criminal law. As a former prosecutor turned criminal defense attorney, he knows how the legal system works from both sides. He is committed to holding law enforcement accountable and protecting your rights every step of the way. Whether your case involves a drug offense, firearms charge, or DUI, Patrick will carefully examine whether probable cause truly existed at the time of your arrest or search. If it did not, he will aggressively pursue legal remedies on your behalf.
Contact PKN Law for a Consultation
If you or a loved one has been arrested or searched and you believe your rights were violated, do not wait to get legal help. Every moment counts when defending your freedom. Call (412) 454-5582 or visit patricknightingale.com to schedule a confidential consultation.