What is Probable Cause in Georgia?
Before law enforcement can make a lawful arrest in Georgia, they must have what is called probable cause. To meet this legal standard, the relevant circumstances and facts must be sufficient to cause a reasonable person to conclude that a crime has either been committed or is about to be committed. If you are facing criminal charges, a strong defense is paramount, and our experienced Georgia criminal defense attorneys at Banks, Stubbs & McFarland are standing by to help.
To Arrest You in Georgia
Before a law enforcement official can arrest you in the State of Georgia, they must have a reasonable conviction that you either committed or intended to commit a crime. This is probable cause, and the officer must have adequate information backing up their belief.
For an officer’s finding of probable cause to hold up in court, it must be more than a hunch and supported by facts, rather than by mere suspicion. The guiding principle here is whether other reasonable people with access to the same set of facts would reach the same conclusion regarding the defendant’s participation in a crime.
When The Legal Standard of Probable Cause Applies
Officers in Georgia must have probable cause to obtain a search warrant or to arrest someone believed to have committed a crime. When the facts support that the officer’s finding is most likely true, the legal standard of probable cause is established.
The probable cause standard is designed to prevent law enforcement officers from conducting random searches, making arrests with impunity, and generally abusing their power. In fact, many acquittals hinge on law enforcement’s failure to follow all required procedures regarding searches and arrests, including the requirement of probable cause.
When Reasonable Suspicion Is Enough
While probable cause and reasonable suspicion are similar, there is a critical distinction between the two. Probable cause means that there is enough solid evidence to convince a reasonable person that a crime has been or is about to be committed. Reasonable suspicion, on the other hand, means the officer has articulable facts that signify a specific crime may have been committed. The legal threshold for probable cause, in other words, is significantly higher than it is for reasonable suspicion.
The facts must support an officer’s reasonable suspicion and cannot be based on a hunch. Having a reasonable suspicion legally justifies a brief detention with limited investigation, but does not suffice for arrest.
Consult Our Experienced Criminal Defense Attorneys Today
Our accomplished criminal defense lawyers at Banks, Stubbs & McFarland in Georgia appreciate how challenging it can be to face a criminal charge. We are well prepared to bring our experience and legal insight to defend your rights and pursue a favorable case outcome. Learn more about how we can help. Contact us online or call our firm at 770-887-1209 today.












