Arrest Without Probable Cause In Virginia
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FAQ
In Virginia, as in the rest of the country, law enforcement officers must have probable cause or a warrant to conduct a search. Probable cause means that there is a reasonable basis to believe that a crime has been committed or that evidence of a crime is present in the location to be searched.
For an arrest, probable cause means that officers must have enough evidence or information to reasonably believe that a person has committed a crime. This could stem from direct observation of the crime, such as witnessing a theft in progress, or from reliable information, like a credible eyewitness account.
There are four categories into which evidence may fall in establishing probable cause. These include observational, circumstantial, expertise, and information: Observational evidence is based on what the officer sees, smells, or hears.
The burden of proof for establishing probable cause does not demand absolute certainty or conclusive evidence of criminal activity. Rather, it requires a reasonable basis or suspicion backed by factual evidence that would lead a prudent person to believe that a crime has been, is being, or will be committed.
In Virginia, as in the rest of the country, law enforcement officers must have probable cause or a warrant to conduct a search. Probable cause means that there is a reasonable basis to believe that a crime has been committed or that evidence of a crime is present in the location to be searched.
For example, the officer may have been called to a store after reports of a shopper acting suspiciously. If the accused is threatening to rob the store or is in clear possession of a firearm, this would give the officer the required probable cause to make an arrest.
