Understanding Probable Cause Under Maryland Law
Probable cause is one of the bedrock principles of American criminal law, including here in Maryland.
Police cannot arrest you or obtain a warrant unless they have probable cause that you have committed a crime or that a search will uncover evidence of criminal activity. Without probable cause, an arrest can be illegal, evidence may be inadmissible, and prosecutors may be left unable to pursue a conviction at trial.
However, probable cause-based defenses are complex and are best pursued by an experienced attorney.
If you suspect police broke the law, contact Greenberg Law Offices today for a free consultation with a criminal defense lawyer, and we’ll explain how probable cause in Maryland could affect your case.
What Is Probable Cause?
Probable cause refers to a standard of proof that law enforcement and prosecutors must meet to take certain actions in the criminal justice system, such as to arrest an individual, file criminal charges, or search a person, place, or vehicle.
Probable cause means that police and prosecutors must have sufficient evidence to support a fair probability that a person committed a crime or that a container, vehicle, or building contains evidence of a crime.
The Legal Basis and Origins of Probable Cause
The origins of probable cause come from the Fourth Amendment to the U.S. Constitution, which protects people from having their homes, property, or persons intruded upon by government officials except under certain circumstances.
The Fourth Amendment requires that police have probable cause to believe that a crime has occurred and that the specific place they want to search contains evidence of that crime.
The Fourth Amendment generally requires law enforcement to obtain a search warrant before conducting a search, which must describe the specific place(s) to be searched and the specific items or types of items to be seized.
While the courts have held that police may conduct warrantless searches under certain circumstances, the law also governs their legality.
While the courts have held that police can conduct searches without a warrant under certain circumstances, the law also governs the legality of such warrantless searches.
How is Probable Cause Determined in Maryland Courts?
Maryland criminal procedure allows a judge to issue a search warrant if, based on the police’s application, they find probable cause to believe that a person has committed a misdemeanor or felony and that a person, building, or premises contains property subject to seizure.
Maryland’s criminal procedure also permits a police officer to arrest a person without a warrant if the following apply:
- The person commits or attempts to commit a felony or misdemeanor in view of the officer or in the officer’s presence
- The officer has probable cause to believe that the person has committed or attempted to commit a felony, whether or not in the officer’s presence or view.
Maryland courts evaluate whether probable cause exists for a search or an arrest based on the facts and circumstances known to police at the time they conducted the search or arrest, or at the time they apply for an arrest or search warrant.
Courts focus on the “totality of the circumstances,” viewing the facts and evidence in the context of an officer’s training and experience, the behavior of a suspect, and the nature of the suspected offense.
Probable Cause vs. Reasonable Suspicion: What’s the Difference?
In criminal cases, the distinction between probable cause vs. reasonable suspicion often determines whether a detention or arrest is legal or a search is valid.
Probable cause involves a higher standard of proof than reasonable suspicion. Reasonable suspicion requires police to have specific, articulable facts indicating that a suspect may be involved in a crime. Probable cause, on the other hand, requires law enforcement to have sufficient evidence to allow a reasonable person to believe that a suspect has committed a crime.
Reasonable suspicion allows police to engage in various activities less restrictive to a person’s liberty than probable cause would allow. For example, reasonable suspicion permits police to stop and detain a person for a brief period to investigate a possible crime.
However, reasonable suspicion does not allow police to search an individual or their property (except for limited searches, such as pat-downs for weapons to ensure officers’ safety during the investigation) or to arrest an individual. Only probable cause can authorize a search or arrest.
Common Applications of Probable Cause in Maryland Cases
Probable cause can become an issue at various points in a criminal case in Maryland, such as the following:
- The police’s application for a search warrant, communications warrant, or wiretap
- Whether to admit evidence that police obtained in a warrantless search, such as during a traffic stop
- Whether the arrest of a suspect was legal
Consequences of Probable Cause Violations in Maryland
When police and prosecutors act without probable cause, their violation of the law can have serious consequences for the government’s case in a criminal proceeding.
For example, should police search without probable cause, a court may exclude any evidence from that search (and any other evidence derived from evidence found in the search) from the prosecution’s case.
If police arrest a suspect without probable cause, a court may exclude certain evidence from the prosecution’s case or dismiss the charges entirely due to a violation of the suspect’s Fourth Amendment rights.
How to Challenge Probable Cause in Maryland
The best way to challenge whether police had probable cause to act in your case is by hiring an experienced defense attorney.
They can file a motion to exclude evidence obtained in a search that lacked probable cause.
Your attorney might also ask to dismiss your charges because of the procedural errors that resulted from the lack of probable cause, or because the prosecution lacks sufficient evidence to establish probable cause to support the charges against you.
When to Contact a Criminal Defense Lawyer
The sooner you contact a criminal defense lawyer, the better.
A lack of probable cause in your case may give you a powerful defense to exclude evidence or seek to dismiss your charges, but you’ll need to act quickly.
At Greenberg Law Offices, our attorneys have over 60 years of experience litigating complex criminal law and civil rights cases.
We have a reputation among judges and prosecutors for never backing down when defending our clients’ rights. Our firm has achieved the highest peer-review ratings for our services.
As one of our criminal defense clients wrote about their experience with our firm:
“Larry is a fantastic attorney. I have used him on various occasions and he has had everything dropped. I have numerous friends and family who have used him and in the end, it turned [out] well for them as well. On a personal note, I consider him a friend and he is very personable with all. I give him a 10 star if it would be possible.”
Contact Greenberg Law Offices today for a free, fully confidential consultation with a knowledgeable criminal defense lawyer in Maryland, and discover how laws concerning probable cause could aid in your defense.
