Probable Cause


Probable cause in a drug search is based on what we call the totality of the circumstances. So every single factor has to be weighed and they have to be lawful factors that go into it and this is what the motion to suppress is typically for is to test whether the totality of the circumstances led to enough cause. Probable cause is not more probable than not. It’s not over 50 percent but it’s a quantum of proof where its enough for the police to believe that they have the right to detain or to search.

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