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Everything You Need to Know about Probable Cause in New Jersey

Probable cause is the legal principle that protects individual privacy and prohibits unreasonable governmental intrusion into people’s lives. It is a significant legal concept with relevance to multiple aspects of criminal law in New Jersey, such as going into someone’s residence, obtaining a warrant for someone’s arrest, arresting a defendant, searching a person or their property, seizure of evidence, and indicting someone for a crime. At Proetta, Oliver, & Fay, our criminal defense attorneys have extensive experience and insight into probable cause and the important role that it plays when defending our clients facing criminal charges in Burlington County and throughout Southern New Jersey. Contact us today at 609-850-8284 for guidance on how probable cause applies to your specific case and continue reading to learn more about probable cause.

Types of Probable Cause in NJ Criminal Law

The legal language for probable cause comes from the Fourth Amendment to the Constitution, which guarantees the right to be free from unreasonable searches and seizures by the government. It is a standard that law enforcement must meet to get a search or arrest warrant, among other key activities in a criminal investigation. They must prove that they have a reasonable belief that evidence of criminal activity is at a specific location or that a specific person has committed a crime.

1. Probable Cause to Conduct a Search

Before a police officer can search you or your belongings, they must have probable cause or reason to believe that you committed, are committing, or have evidence of a crime. If law enforcement conducts a search of your car, home, or person, they must have probable cause and obtain a search warrant, or probable cause and an exception to the warrant requirement. Otherwise, a judge or jury may convict you on the evidence from an unlawful police search and seizure, violating your constitutional rights.

Search Warrant Applications

Applications for search warrants must convince a judge that crime evidence exists at a specific place, based on facts, like what the officer observed, the circumstances surrounding an event that suggest illegal activity, or information from informants.

Warrantless Searches

Warrantless searches may occur when getting a warrant would be impractical and potentially result in lost criminal evidence. Specifically, a police officer may witness a crime occurring, when they see criminal evidence in plain view, or under exigent circumstances that threaten the loss or destruction of evidence. Along the same lines, the police may come across crime evidence unexpectedly. The spontaneous and unforeseeable evidence may be justification or probable cause for a warrantless search. This commonly occurs when an officer pulls over a vehicle for a traffic violation and they unexpectedly find criminal evidence of a crime and seize the evidence. For example, if an officer sees drugs in plain view on a car seat, they can reasonably suspect a crime has or is occurring. Also, when an officer sees a gun on a passenger’s seat with the driver behind the wheel and the keys in the ignition, they may conduct immediate search and seizure before the driver suddenly drives off to escape trouble.

2. Probable Cause for an Arrest

Furthermore, the police must have probable cause for an arrest. An officer must reasonably suspect that a specific person committed a crime. The application for an arrest warrant must demonstrate the objective factual basis for the suspicion, just like a search and seizure warrant.

3. Probable Cause for an Indictment

After arrest, probable cause plays a role in the indictment. When a grand jury reviews documents, witness statements, and other evidence from the prosecutor’s case, they must have probable cause to indict. They must reasonably conclude that the evidence suggests a defendant committed a crime, which allows the criminal prosecution in Superior Court to proceed.

Determining What is “Reasonable”

Important legal terms measuring probable cause include “reasonable” suspicion or belief. Reasonability is measured by facts and surrounding circumstances, not just on an officer’s hunch or feelings. The officer’s or grand jury’s subjective belief is not enough to support probable cause for a search and seizure, arrest, warrantless search and seizure, or indictment. The application for a warrant contains specific facts, circumstances, locations, and descriptions for a judge to determine probable cause. A warrantless search is also founded on specific information, whether it be an emergency, evidence in plain view, or other articulable facts.

The circumstances and evidence before a grand jury or a judge must rely on facts as well. The evidence or person must be clearly described, including the exact address or location of the search or arrest. The reviewing judge, or the jury in the case of a grand jury indictment, determines whether all the facts and circumstances constitute probable cause for a search or arrest warrant or an indictment. Thus, probable cause is established when a judge or jury considers the totality of the facts and circumstances that justify a reasonable suspicion of crimes committed.

How can Probable Cause Form the Basis of a Defense Strategy?

Whether the police had probable cause to search your residence, car, or person or to arrest you is a question to examine with a criminal defense attorney. Our defense team can analyze whether the facts and circumstances of the search, seizure, or arrest support a determination of probable cause. Informed with statutory and case law, we recognize when probable cause is an issue in a defendant’s case and how it may be used to get key evidence excluded or the charges reduced or dismissed.

If our lawyers conclude that the police did not have probable cause to search your home or car to support a warrant or a warrantless search, we can raise the issue to the prosecutor or the judge. A prosecutor may reconsider pressing criminal charges against you or offer you a deal for lesser charges or probation instead of a prison sentence when they know that their case is insufficient to get a conviction. Additionally, insufficient probable cause can mean that a search is unlawful, and any evidence seized from an unlawful search is inadmissible in a court of law. The state cannot use unlawfully obtained evidence to convict you of a crime, so we can potentially argue a motion to suppress such evidence when it is fruit of the poisonous tree.

Ask Our Attorneys for Help Analyzing Probable Cause in Your NJ Criminal Matter

Our criminal defense attorneys at Proetta, Oliver, & Fay are experienced in defending clients whose 4th Amendment rights are infringed upon. We are committed to protecting your rights and leveraging probable cause issues when they may be crucial to your defense. If you or someone you love is facing criminal charges in Mount Laurel, Evesham, Pemberton, Florence, Cinnaminson, Lumberton, Burlington City, Gloucester, Mount Holly, or elsewhere in Burlington County and surrounding areas, contact us at 609-850-8284 for immediate assistance. We can provide you with a free consultation and individualized service today.