The Fourth Amendment requires that any arrest be based on probable cause, even when the arrest is made pursuant to an arrest warrant. 1 Courts often adopt a broader, more flexible view of probable cause when the alleged offenses are serious. Gates, the Court favored a flexible approach, viewing probable cause as a 'practical, non-technical' standard that calls upon the 'factual and practical considerations of everyday life on which reasonable and prudent men act'. The Supreme Court has attempted to clarify the meaning of the term on several occasions, while recognizing that probable cause is a concept that is imprecise, fluid and very dependent on context.

Overview Constitutional BasisĪlthough the Fourth Amendment states that 'no warrants shall issue, but upon probable cause', it does not specify what 'probable cause' actually means. Persons arrested without a warrant are required to be brought before a competent authority shortly after the arrest for a prompt judicial determination of probable cause. Under exigent circumstances, probable cause can also justify a warrantless search or seizure. Courts usually find probable cause when there is a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search). Probable cause is a requirement found in the Fourth Amendment that must usually be met before police make an arrest, conduct a search, or receive a warrant.

Appily definition