Probable cause

Probable cause is a legal term used in most common law American criminal law jurisdictions that denotes the standard by which a police officer may conduct a warrantless search or an arrest. To conduct a search or an arrest, a police officer must be able to demonstrate that he has a reasonable belief that a crime has been committed.

In the United States a probable cause hearing is the preliminary hearing that must take place after arraignment and before a serious crime goes to trial; the judge is presented with the basis of the prosecution's case and the defendant is afforded full right of cross-examination and the right to be represented by legal counsel. If the prosecution cannot make out a case of probable cause the court must dismiss the case against the accused. See also: evidentiary hearing.

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