Here, we will wrap up our three-part blog series Probable Cause: FAQs, responding to some additional questions regarding probable cause.

Q – What is probable cause to seize someone’s property?

The bottom line is that there can be a lot of grey area with probable cause, and an experienced defense attorney may be able to use this to the advantage of the defense.

The bottom line is that there can be a lot of grey area with probable cause, and an experienced defense attorney may be able to use this to the advantage of the defense.

A – In general, probable cause to seize someone’s property exists when sufficient facts are present to lead a law enforcement official to believe that the property:

  • Is illegal (such as in the case of drugs)
  • Is stolen
  • Is evidence of some crime.

Q – What happens when probable cause did not actually exist for a search?

A – In the event that law enforcement officials conduct a warrantless search based on alleged probable cause and it’s later revealed that no probable cause existed, it can be argued that:

  • The accused person’s Fourth Amendment rights were violated.
  • The search was illegal.
  • Any evidence obtained as a result of the illegal search should be thrown out (as it should be considered to be “fruit from the forbidden tree”).

If this leads to evidence getting thrown out and this evidence was the lynchpin in the prosecution’s case, then it may also be possible to get the charges against the accused person reduced or may be even dropped altogether.

The Bottom Line: Probable Cause Can be Critical to A Strong Defense

The bottom line is that examining what law enforcement officials have identified as probable cause for arrests, searches and property seizures can be critical to strengthening the defense case while simultaneously weakening prosecutors’ cases.

Given that probable cause hinges on how a “reasonable person” would interpret a set of facts or circumstances, there can be a lot of grey area in arguing that probable cause did or did not exist, and having an experienced attorney heading up a defense case is pivotal to discovering potential issues with probable cause that could be used in favor of the defense.

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.

As a former Deputy District Attorney, Shimon Kohn understands how prosecutors build their cases, and he knows how to dispute their allegations while figuring out the best potential legal remedies to vigorously defend you.

When you want to trust that you will obtain the best possible outcome to your case, don’t hesitate to contact the Colorado Springs criminal defense lawyers at Kohn Law Firm

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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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