How Does “Probable Cause” Work?
The probable cause requirement limits the power of the police to deprive people of liberty. Objective factual circumstances are required to establish probable cause and judges make the final determination. Probable cause is not established by saying something like, “I just had a hunch that the suspect was a carjacker.” Even if it turns out the person is innocent, an arrest is valid if it is based on probable cause, protecting police against civil suits for false arrest.
