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What Standard is Used to Determine Whether an Officer Had Probably Cause to Arrest?

By Walin & Klarich

Probable cause to arrest exists when the facts known to the officer and the inferences that can be fairly drawn therefrom would cause a reasonable and prudent person to believe that the suspect has committed a crime. Beck v. Ohio, 379 U.S. 89 (1964). In essence, probable cause is a reasonable belief that a suspect is about to commit, is committing, or imminently will commit a crime. Probable cause is a far lower standard than evidence sufficient to convict. The probable cause standard is even lower than a "preponderance of the evidence" standard used in civil case. Biddle v. Martin, 992 F.2d 673 (7th Cir. 1993).

Full post as published by Southern California Criminal Defense Blog on August 26, 2009 (boomark / email).