What are the two types of probable cause?

Probable cause is a critical concept in law enforcement, as it establishes the legal standard for making arrests and conducting searches under the Fourth Amendment. The two primary types of probable cause are directly related to specific actions law enforcement may take: searching for evidence and arresting a suspect.

Probable cause to search refers to the reasonable belief that evidence of a crime will be found in a particular location. This type of probable cause is necessary when an officer seeks a warrant or when conducting a search without one under certain exceptions to the warrant requirement.

Probable cause to arrest is the reasonable belief that a person has committed a crime, which justifies the arrest of that individual. This standard is pivotal for ensuring that an arrest is legal, protecting individuals from unlawful detainment or arrest without sufficient basis.

Together, these forms of probable cause enable law enforcement to perform their duties effectively while still upholding the rights of individuals, ensuring that the actions taken are based on factual circumstances rather than mere suspicion or hunches.