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Probable Cause To Arrest

The Fourth Amendment requires that "...no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized."

This requires, among other things, a determination of what constitutes probable cause.

The typical definition of probable cause is:

Facts and circumstances known to arresting officers and based on reasonably trustworthy information which would lead a person of reasonable caution to believe that an offense has been or is being committed and that person to be arrested committed it.

This section includes an hypertext chart which surveys the definitions of probable cause among the fifty states.

As with other areas of the law, there is a definite majority-minority division among the states with subtle variations in the various definitions.

State Definition of Probable Cause (Chart)

Web Page Version  l   Excel Spreadsheet Version

Noteworthy Variations:

  • States that require "honest and strong suspicion":
    • California
    • Idaho
    • Minnesota
    • Nevada
    • New Jersey
  • State that has a different standard:
    • Michigan
  • States that focus on the viewpoint of the police, rather than citizens:
    • New Jersey
    • Rhode Island
  • States that focus on the person's guilt:
    • Idaho
    • Kentucky
    • Washington

    Noteworthy Cases:

    • Was there probable cause to arrest?
      • Mitchell v. State, 742 S.W.2d 895.
    • Why were these two cases decided differently?
      • Compare Davis v. State with Robinson v. State.
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    © 2007 Marc L. Miller & Ronald F. Wright