Basic Corrections Officer: Certification Practice

Probable cause is characterized by which of the following definitions?

1. A hunch that a crime may have occurred

2. Evidence suggesting the suspicion of criminal activity

3. A strong belief that no crime has occurred

4. Past convictions of the accused

The correct answer is: Evidence suggesting the suspicion of criminal activity

Probable cause is defined as evidence that suggests a reasonable basis for believing that a crime may have been committed, or that a specific person committed a crime. This standard goes beyond mere suspicion or intuition; it requires a factual basis supported by evidence indicating that a reasonable person would believe that a crime has occurred or is likely to occur. In this context, the correct option captures the essence of probable cause by emphasizing that it relies on evidence and not just subjective feelings or convictions. The presence of concrete evidence serves as a critical factor in establishing that there is probable cause, which is essential for law enforcement to take further action, such as making an arrest or obtaining a search warrant. Other choices do not accurately represent this legal standard. A hunch does not suffice as it lacks the support of factual evidence. A strong belief that no crime has occurred would be contrary to the concept of probable cause, as it indicates a lack of suspicion. Lastly, relying on past convictions does not provide a current factual basis for determining probable cause concerning an alleged crime.