Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Probable cause is the presence of sufficient evidence to convince reasonable individuals that a crime has been committed, or that signs of criminal activity exist in a specific location for which the police are attempting to obtain a search warrant.
In California, the term probable cause is used in four primary situations. These are questions as to whether:
Many people believe that the police can only make a traffic stop if they have probable cause. But the standard is actually “reasonable suspicion,” which is a different standard than the “probable cause” threshold.
Under California law, peace officers can only make a traffic stop if they have a reasonable suspicion that you committed a traffic violation.1
In general, reasonable suspicion is a lower standard to meet.
“Reasonable suspicion” essentially means that a reasonable person would believe that you violated a section of California’s vehicle code.2
Note that the reasonable suspicion standard also applies to stops in DUI cases. An officer can only pull you over for a possible DUI arrest if he/she has a reasonable suspicion that you are committing a crime.3
As to detentions, police officers can only stop and detain you under California criminal law if they have a reasonable suspicion that you were involved in criminal activity.4
Similar to traffic stops, a reasonable suspicion exists if a reasonable person could deduce from the facts present that you were involved in some criminal act.5
The police in California usually need probable cause to arrest a person without a warrant. In particular, an officer needs sufficient evidence that you:
Probable cause is a slightly higher standard to meet than reasonable suspicion. It involves an arresting officer having reasonable grounds to believe that someone committed a crime. It requires more than mere suspicion, but less evidence than that required for a conviction.7
Note that in cases of an arrest warrant, a judge will issue a warrant for your arrest if they find there to be probable cause that you committed a crime.8
Before a California judge can issue a search warrant, they must have probable cause that:
A judge typically makes a probable cause determination by looking at the facts presented in an officer’s warrant application (also known as an “affidavit”).
“Probable cause” for searches means a reasonable belief that both a crime occurred and the search area holds evidence of the crime (for example, contraband).
Soon after a California district attorney files a felony charge, the law usually requires a court to hold a preliminary hearing.
The judge holds the hearing to determine if there is enough evidence “hold the defendant to answer” for the charges, and bind the case over for trial.
The standard used in these hearings is a probable cause standard. In other words, a judge will allow a felony case to continue if the evidence shows a reasonable belief that you committed the felony charged.
Note that probable cause is a lesser standard than the “beyond a reasonable doubt” standard used in criminal trials.
For more in-depth information, refer to these scholarly articles:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.