Criminal Procedure
Probable Cause
A practical probability standard used for arrests, searches, warrants, and some charging decisions.
Plain-English definition
Probable cause means there is a fair probability, based on facts and circumstances, that a crime occurred or evidence will be found in a particular place. It is more than suspicion but less than proof beyond a reasonable doubt.
How it works
Judges evaluate probable cause in warrant applications, preliminary hearings, suppression motions, and challenges to arrests or searches.
Why it matters
Probable cause is the front door of criminal procedure. If it is missing, evidence or charges may be vulnerable.
Related terms
More in Criminal Procedure
Allocution
A defendant’s opportunity to speak directly to the judge before sentence is imposed.
Arraignment
A criminal proceeding where charges are formally read or presented and the defendant enters an initial plea.
Bail
Release before trial under conditions designed to assure appearance and protect the community.
Beyond a Reasonable Doubt
The constitutional proof standard the government must meet to convict a defendant of a crime.
Bond
A financial or secured promise tied to a defendant’s release and future court appearances.
Indictment
A formal criminal charging document issued by a grand jury after finding probable cause to accuse the defendant.
Information
A criminal charging document filed by a prosecutor without a grand jury indictment.
Plea Agreement
An agreement in which a criminal defendant pleads guilty under negotiated terms with the government.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.