Probable cause is a legal standard that is critical to the arrest process, as well as the criminal justice system. Despite its key role in many criminal cases, however, probable cause may not be a clear concept to people accused of crimes – and it can, nevertheless, be an essential part of their defense cases.

In this three-part blog series, we will answer some commonly asked questions about probable cause to shed light on how this standard generally comes into play in a defense case. If you have been charged with a crime and want the best defense for your case, don’t hesitate to contact the Colorado Springs criminal defense attorneys at Shimon Kohn, P.S.

Q – What is probable cause?

Probable cause is a common yet often misinterpreted term. Here are some answers to commonly asked questions about probable cause.

Probable cause is a common yet often misinterpreted term. Here are some answers to commonly asked questions about probable cause.

A – Probable cause, which stems from language in the Fourth Amendment, is a standard:

  • Used by police to determine when to make arrests and conduct searches
  • Used by judges to determine when to issue search warrants
  • Used by grand juries to determine whether there is a preponderance of evidence and criminal charges should be filed against someone.

In particular, the following is the language in the Fourth Amendment describing probable cause:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The idea is that there should be a distinct likelihood or probability to believe, based on evidence or facts, that a crime has been committed.

Q – What is probable cause to obtain a search warrant?

A – In order to obtain search warrants, law enforcement officials have to sign affidavits outlining the facts that serve as probable cause for the warrant. The judge will then review the facts of the case and either:

  • Issue the warrant because he agrees that sufficient probable cause exists; or
  • Deny the request for the warrant because he disagrees that sufficient probable cause exists.

For some more important information regarding probable cause, be sure to look for the upcoming second and third installments of this blog series!

Colorado Springs Criminal Defense Lawyers at Kohn Law Firm

Have you or a loved one been charged with a misdemeanor or felony offense? If so, the Colorado Springs criminal defense attorneys at Kohn Law Firm are ready to aggressively defend your rights and help you bring your case to a successful resolution.

At Kohn Law Firm, we believe that our clients deserve exceptional service, ethical treatment and aggressive representation. That’s why we are here to help you navigate the complexities of an intricate criminal justice system, minimize the negative impacts on you and your family, and ultimately help you protect your freedom and future.

Contact Us to Get Your Defense Started Today

To learn more about how we can help you, set up a free initial consultation with us by calling us at (719) 328-9555 or by emailing us using the contact form at the top of this page.

From our offices in Colorado Springs, we represent clients throughout the Pikes Peak region and Colorado.


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