Probable Cause & Your Rights: 5 Facts to Know (Pt. 3)

December 31, 2014

Concluding our blog series Probable Cause & Your Rights: 5 Facts to Know, below, we will point out some final important info about probable cause in criminal cases.

Fact 4 – For a warrant, police must get a judge to agree that probable cause for the search exists.

The bottom line is that probable cause can be a gray area, which can be good news for a defense case. Contact the Griffin Law Firm for the strongest defense.

When law enforcement officials seek warrants to conduct searches of a suspect’s property, they basically have to sign an affidavit that explains the facts of the case and the basis of probable cause. Judges will then review the details and decide whether they agree that there is sufficient probable cause to issue a search warrant.

When it comes to search warrants and probable cause:

• The basis of probable cause for the warrant may have to be proven/explained later if criminal charges are officially filed against a person.
• Having probable cause to obtain a search warrant does NOT necessarily give police the right to search all of a person’s property, as warrants are typically limited to a given area or piece of property.

Fact 5 – Probable cause is a gray area that can be good news for a defense case.

What may be evident at this point in our discussion of probable cause is that there can be some ambiguity as to when probable cause exists and what police can prove after the fact when it comes to establishing probable cause for an arrest or search. Although ambiguities in criminal cases can be troubling to people accused of crimes, the good news is that such ambiguity can open up the possibility of arguing that:

• Probable cause did not, in fact, exist.
• Arrests and/or searches based on bogus (or inarticulable) probable cause are illegal.
• Any evidence obtained from illegal arrests and/or illegal searches should be thrown out of a case (i.e., should not be able to be presented in court as evidence against the accused).
• If such evidence is thrown out, the charges against the accused should be reduced or may be even dropped.

So, the bottom line is that the gray area of probable cause can create powerful arguments for a defense case.

Denver and Boulder Metro Area Criminal Defense Lawyer at the Griffin Law Firm

Have you or someone you love been charged with a misdemeanor or felony offense? If so, you can turn to the Denver and Boulder Metro Area criminal defense lawyer at Griffin Law Firm for the strongest possible defense against police and prosecutors – both outside and inside of the courtroom.

Regardless of whether you are facing criminal charges for the first time, have prior convictions and/or were on probation or parole at the time of the alleged crime, our trusted Denver and Boulder criminal defense attorney will work relentlessly to help you obtain the best possible outcome to your case.

To receive a complete evaluation of your case, along with professional advice regarding your best options, contact us by calling 303-280-1070 or by emailing us using the form at the top of this page.

Categories: Blogs, Criminal Defense Strategies, Fourth Amendment