Legal Definition and Related Resources of Probable cause
Meaning of Probable cause
Such a state of facts as to make it a reasonable presumption that their supposed existence was the cause of action. The principal technical use of the phrase is to define the degree of certainty which will justify one in instituting a criminal prosecution, and relieve from liability for malicious prosecution should the charge prove unfounded. As so used, “probable cause” is such a state of facts known to and influencing the prosecutor as would lead a man of ordinary caution and prudence, acting conscientiously, impartially, reasonably, and without prejudice, to believe, or entertain an honest and strong suspicion, that the person accused is guilty. Hilliard, Torts, c. 12, § 18; 81 Ala. 220; 62 N. Y. 19. Belief in the guilt of the person accused must exist (67 Wis. 350), but is not in itself sufficient (56 Mich. 367), if ordinary care, diligence, and impartiality were not exercised (60 Miss. 916).
Probable Cause Legal Definition
A court decides there’s reasonable grounds that a person should be arrested or searched.
Translate Probable Cause from English to Spanish
Translation of Probable Cause , with examples. More about free online translation into Spanish of Motivo fundado and other legal terms is available here.
- Motivo fundado
- Motivo de procesamiento
- Causa probable
- Causa razonable
- Motivo de procesamiento
- Legal English Translation
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Probable Cause in the Dictionary | Probable Cause in our legal dictionaries | Browse the Legal Thesaurus | Find synonyms and related words of Probable Cause |
Legal Maxims | Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law |
Legal Answers (Q&A) | A community-driven knowledge creation process, of enduring value to a broad audience |
Related topics | Probable Cause in the World Encyclopedia of Law |
Notice
This definition of Probable Cause Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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Probable cause in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims
Within the meaning of the law relating to actions for malicious prosecutions, – a reasonable cause of suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged. 97 U.S. 615.
Note: This legal definition of Probable cause in the Dictionary of Law (English and American Jurisprudence) is from 1893.
Probable Cause in the law of the United States
Probable Cause: Related U.S. Resources
- Probable Cause in the American Law Encyclopedia
- Criminal Judicial Process Keywords in the U.S. Legal Corpus
- Criminal Process Topics in the United States Legal Dictionary
See Also
Bind Over (in the U.S. Legal Encyclopedia) Reasonable Doubt (in the U.S. Legal Encyclopedia) Warrant (in the U.S. Legal Encyclopedia).
Meaning of Probable Cause in the U.S. Legal System
Definition of Probable Cause published by the National Association for Court Management: A reasonable belief that a crime has or is being committed; the basis for all lawful searches, seizures, and arrests.
Meaning of Probable Cause in Spanish
Description/ translation of probable cause into Spanish: sospecha fundada (la que debe tener la instancia judicial para encausar y el agente de la autoridad para detener)[1]
Note: for more information on related terms and on the area of law where probable cause belongs (criminal procedure law), in Spanish, see here.
Notes and References
- Translation of Probable Cause published by Antonio Peñaranda
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