III. Probable Cause

• Jurisdiction: North Carolina

III. PROBABLE CAUSE

The probable cause question marks the turning point of a criminal investigation — the end of an investigation of a preliminary encounter and the beginning of a criminal prosecution. Without probable cause that a crime has been committed, homes and vehicles can not (should not) be searched without consent, and arrest is prohibited by law.

Probable cause analysis comes into play under the following circumstances in the criminal context:

• searches (whether pursuant to a search warrant or searches conducted without a warrant)
• arrests
• suppression hearings

A. Searches

For a government search of a home, person or automobile to take place, a reasonably prudent officer must have probable cause to believe that the subject of the search contains the evidence sought. Timeliness, for example, is an important factor. Certain information could be considered stale with the passage of time and fail to establish probable cause.

Homes are often searched after law enforcement has obtained a search warrant. The issuing judge or magistrate conducts probable cause analysis when deciding whether or not to grant the warrant. In addition, a trial court can later make a determination of whether there was sufficient probable cause to issue the search warrant. On the other hand, people and vehicles are often searched without a warrant. The State may need to present evidence that demonstrates sufficient probable cause for the warrantless search.

B. Arrests

The definition of probable cause is the same for searches and arrests: "A reasonable ground to believe that a person has committed or is committing a crime or that a place contains specific items connected with a crime. Under the Fourth Amendment, probable cause — which amounts to more than a bare suspicion but less than evidence that would justify a conviction — must be shown." Black's Law Dictionary, West Publishing Co., 7th ed. (1990), p. 1219. North Carolina case law has further clarified and applied this standard:

Probable cause for an arrest has been defined to be a reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in believing the accused to be guilty. ... To establish probable cause the evidence need not amount to proof of guilt, or even to prima facie evidence of guilt, but it must be such as would actuate a reasonable man acting in good faith. ... The existence of "probable cause," justifying an arrest without a warrant is

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