[1].2005181138550.jpg)
Recently, the Virginia Court of Appeals addressed the issue of probable cause in relation to warrantless searches during a case involving a traffic stop in Culpeper. The court ruled that law enforcement officers must have more than just probable cause to search an individual without a warrant for contraband.
Judge Lisa M. Lorish emphasized in her opinion that under the Fourth Amendment, probable cause is the standard required to obtain a warrant but not alone sufficient to conduct a warrantless search.
Keep reading to learn more about search warrants, probable cause, and when a warrantless search may be allowed.
Search Warrants in Virginia
In addition to the Fourth Amendment, Virginia state law also addresses search warrants and the need for probable cause. Under § 19.2-52 of the Code of Virginia, search warrants can be issued by any authorized judge, magistrate, or other designated official. To issue a search warrant, the official must be presented with a sworn complaint and an affidavit establishing reasonable and probable cause for the search.
When is a Warrantless Search Allowed?
A warrantless search may be allowed under specific circumstances, such as when the individual consents, exigent circumstances demand immediate action, or the evidence is in plain view. Additionally, warrantless searches may be conducted during a lawful arrest, when there is a need to prevent the destruction of evidence, or if there is a reasonable belief that the suspect poses an imminent threat to public safety.
What Is Probable Cause
Probable cause is a legal standard used in various contexts, including arrests, searches, and obtaining warrants. It refers to the necessity for law enforcement to have reasonable grounds to believe that a person is committing, has committed, or will commit a crime. This standard is a safeguard, aiming to ensure citizens are not subjected to arbitrary or unjustified legal actions.
The Burden of Proof for Establishing Probable Cause
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.
The facts and circumstances used to justify probable cause must be more than mere suspicion or hunches; they should be concrete and substantiated by observable evidence or reliable information. For instance, an officer witnessing a person actively engaging in a crime or possessing illegal contraband can constitute probable cause.
Totality of the Circumstances
Virginia courts, like those elsewhere in the country, often use the "totality of the circumstances" test to evaluate whether probable cause exists. This approach considers all factors and contexts surrounding the situation rather than isolating individual elements. It takes into account the collective evidence and assesses whether it reasonably supports the belief of unlawful activity.
Application in Arrests & Searches
The principle of probable cause applies differently in the contexts of arrests and searches. For an arrest, law enforcement must have probable cause to believe that the individual has committed a crime. In the context of search warrants, officers must demonstrate that there is probable cause to believe that evidence of a crime will be found in the place they wish to search.
Example of Probable Cause Leading to a Search
Consider a situation where an officer pulls over a driver for speeding and observes a visible and identifiable controlled substance on the passenger seat. The officer's observation would likely constitute probable cause to search the vehicle. On the other hand, if the officer merely suspects the presence of drugs without any visible evidence or corroborative information, that suspicion alone would not meet the probable cause standard.
Remember, as previously mentioned, that while probable cause can be used to secure a warrant, it is not enough on its own to justify a warrantless search.
Challenging Probable Cause
Depending on the circumstances of the case, challenging probable cause can be part of a defendant's defense strategy. In such cases, our criminal defense attorneys meticulously examine the facts and circumstances that purportedly establish probable cause, identifying any problems or inconsistencies in the prosecution's case.
Potential ways to challenge probable cause include:
- Lack of concrete evidence
- Misinterpretation of facts or circumstances
- Insufficient corroboration
- Violation of constitutional rights
- Evidence of bias or prejudice
- Absence of exigent circumstances, such as a lawful arrest
- Failure to follow proper procedures
Each of these challenges aims to scrutinize the foundation and validity of the probable cause presented, potentially weakening the prosecution's stance and bolstering the defense's case.
Challenging probable cause will not be appropriate for every case. For personalized legal counsel, contact The Law Offices of Daniel J. Miller.