Probable cause is generally the standard required for the police to secure a warrant to (1) arrest a person; (2) search a home, storage locker, automobile, or other place in which persons have a reasonable expectation of privacy; or (3) seize property believed to be related to a crime. This probable cause requirement is derived from the Fourth Amendment to the United States Constitution, which states that:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The probable cause required to secure an arrest warrant, for example, generally requires that there be a reasonable basis to believe the person to be arrested committed a crime. The probable cause required to secure a search warrant generally requires that there be a reasonable basis to believe there is evidence of a crime in the place the police seek to search. And the probable cause required to seize property generally requires there be a reasonable basis to believe the property is related to a crime or criminal activity.
In Connecticut, as in all states, the concept of probable cause is a legal standard that must be met before law enforcement can obtain a warrant for an arrest, search, or seizure. This standard is rooted in the Fourth Amendment to the U.S. Constitution, which protects individuals from unreasonable searches and seizures. To secure an arrest warrant in Connecticut, there must be a reasonable belief, based on factual evidence, that the individual in question has committed a crime. For a search warrant to be issued, there must be a reasonable basis to believe that evidence of a crime is present in the location to be searched. Similarly, to seize property, there must be a reasonable belief that the property is connected to criminal activity. These determinations are typically made by a judge or magistrate, who evaluates whether the evidence presented by the police amounts to probable cause. The requirement for probable cause ensures that citizens' rights are protected while also allowing law enforcement to carry out their duties effectively when there is a legitimate basis to do so.