Probable cause is generally the standard required for the police to secure a warrant to (1) arrest a person; (2) search a home, storage locker, automobile, or other place in which persons have a reasonable expectation of privacy; or (3) seize property believed to be related to a crime. This probable cause requirement is derived from the Fourth Amendment to the United States Constitution, which states that:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The probable cause required to secure an arrest warrant, for example, generally requires that there be a reasonable basis to believe the person to be arrested committed a crime. The probable cause required to secure a search warrant generally requires that there be a reasonable basis to believe there is evidence of a crime in the place the police seek to search. And the probable cause required to seize property generally requires there be a reasonable basis to believe the property is related to a crime or criminal activity.

In Virginia, as in all states, the concept of probable cause is a critical component of the criminal justice system, rooted in the Fourth Amendment to the United States Constitution. Probable cause is the legal standard that must be met before law enforcement can obtain a warrant to arrest an individual, conduct a search, or seize property. To secure an arrest warrant in Virginia, there must be a reasonable belief, based on factual evidence, that the individual in question has committed a crime. For a search warrant to be issued, there must be a reasonable basis to believe that evidence of a crime can be found in the location to be searched. Similarly, to seize property, there must be a reasonable belief that the property is connected to criminal activity. These standards are designed to protect individuals from unreasonable intrusions by the government and to ensure that the power of law enforcement is exercised within the bounds of the law.