Probable Cause in New Jersey Criminal Cases

Passaic County NJ Criminal Defense Lawyer

The Fourth Amendment to the United States Constitution guarantees certain rights to its citizens related to their personal privacy. Rights to privacy are inextricably linked to laws pertaining to searches and seizures, which must be conducted in accordance with legal specifications. Searches and seizures which violate said procedures, in turn, constitute violations to the individual’s constitutional rights.

Talented criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including Paterson, Hackensack, Totowa, Denville, and Morristown, who seek to have criminal charges dismissed because evidence was obtained in violation of their constitutional rights. Hiring Ms. Hascup ensures that the State’s case is attacked and any evidence that was obtained illegally or is potentially impermissible (i.e., in contravention of your constitutional rights) is sought to be suppressed.

Totowa NJ Probable Cause Defense Attorney

The Fourth Amendment to the United States Constitution outlines:

“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.”

Probable cause is one of the critical components underlying a lawful search or seizure and in the absence of probable cause, such searches or seizures may be deemed unconstitutional, thus rendering the results of such searches or seizures inadmissible in court.

Simply put, probable cause is the factual basis upon which the State can legally justify invading the privacy of an individual. In other words, the State must establish that is has “probable cause” to assume that a crime has been committed and that the specifically requested search and/or seizure is essential to the successful prosecution of that crime. Probable cause required for a search or seizure must establish that it is reasonable to believe that said search or seizure will produce evidence related to a crime. Probable cause required for the seizure of a particular individual must establish that it is reasonable to believe that said individual committed a crime.

General procedure requires law enforcement to supply a judge with sufficient evidence to establish probable cause in order for that judge to issue a warrant for the requested search or seizure. However, in some cases in which police act without obtaining judicial consent, the underlying belief that there was justifiable probable cause must be evaluated by a judge after the fact. As every case involves individual circumstances specific to that instance, probable cause must be evaluated on a case-by-case basis, depending on the facts.

With that said, there are a variety of circumstances in which the State can legally invade an individual’s privacy without establishing probable cause (see related Search and Seizure issues).

Contact a Denville NJ Probable Cause Lawyer for More Information

If you are facing criminal charges and believe that a search of your person, vehicle, home, etc. was conducted without probable cause, contact Alissa D. Hascup. She is available anytime for an initial consultation, which is always provided free of charge. She is ready to fight for you and will work zealously and aggressively to assist you in obtaining the best possible outcome. Call 862-257-1200 or email her today.