Probable Cause in Oklahoma Criminal Cases
Even though the police don’t need to know for certain that you committed a crime before they can arrest you, they still need probable cause. Probable cause is extremely important to understand if you have been arrested for or charged with a crime, or if you have a warrant out for your arrest.
Defining Probable Cause
According to the Fourth Amendment of the Constitution, probable cause is a requirement that must be met before police can receive a warrant, conduct a search or make an arrest.
Usually, probable cause can be found when there is evidence of the crime in the area to be searched, or when there is some reasonable basis for believing that an individual may have committed a crime.
Establishing Probable Cause
Police officers must be able to identify evidence that led them to believe a crime was taking place or had taken place. Probable cause is based in concrete evidence, which prevents officers from arresting someone or searching something based on a “hunch” or a “feeling.”
However, because probable cause is still a theoretical notion, the amount of information or evidence needed to establish it fluctuates on a case by case basis.
How We Can Help
Probable cause—or the lack thereof—can either help or hurt your case. However, if you are working with an experienced attorney, you may be able to call into question the circumstances in which probable cause was used.
At Edge Law Firm, we are ready to examine every aspect of your case to learn determine whether or not there is an argument for lack of probable cause. Take the first step in fighting back and schedule a free review of your case with us today.