What element is NOT considered valid for establishing probable cause?

Probable cause is a legal standard used in criminal law that requires a reasonable belief that a person has committed or will commit a crime. Elements that can support establishing probable cause include witness testimony, physical evidence, and behavioral indicators, as these can be observed, measured, or corroborated in a tangible way.

Witness testimony can provide firsthand accounts of criminal activity or suspicious behavior, while physical evidence can include items like contraband or weapons that support the suspicion of a crime. Behavioral indicators, such as actions that suggest criminal intent or activity, also contribute to establishing a reasonable belief.

In contrast, race is not a valid element for establishing probable cause. Utilizing race as a factor in assessing probable cause can lead to racial profiling and discrimination, which are not only unjust but also violate constitutional rights. Law enforcement must rely on facts and evidence rather than characteristics such as race, ensuring that all individuals are treated fairly under the law. This principle helps uphold the integrity of the legal system and protects against biases that undermine justice.