Is Probable Cause Still a Protection for Everyday People?
The Fourth Amendment of the United States Constitution says "no warrants shall issue, but upon probable cause . . ." Even though probable cause is an important safeguard for every American, the standard required for it has lowered in recent years. It is now common for probable cause to be found for any suspicion that a police officer may have regarding a suspect or potential evidence.
The Supreme Court of the United States has ruled many times that the Fourth Amendment should be reviewed objectively, and courts should not consider a subjective state of mind. It is very difficult for any court to determine what any police officer was actually thinking. However, the objective standard has led courts to become generous with finding probable cause. If probable cause is too easy a standard to reach, it stops offering protection to the public.
Probable cause is an important protection for the liberty and privacy rights of everyday people. It needs to be more than a rubber stamp on the actions of the police. While probable cause still offers some protections, courts need to give it more consideration to make sure the constitutional rights of all people are still protected.
If you or a loved one have been affected by police misconduct, contact the Law Offices
of Don Tittle, PLLC today at (214) 522-8400 or complete our online contact form.
The content of this blog post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.
Don Tittle
Attorney & Founder
For 35 years, Don Tittle has achieved high-profile, decisive victories in Texas courts, excelling in criminal defense, civil rights litigation, and complex wrongful death and personal injury cases. His law practice now frequently focuses (often concentrates) on cases of abuse and neglect by private jail companies, fighting for justice on behalf of vulnerable individuals.
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