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eee MUR tule a A SENSITIVE Man1-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 eee SECTION 1, PROBABLE CAUSE **EFEDte: 04/28/1978 MCRT#: 0 Div: D9 Cav: SecCls: 1-1 DEFINITION |(1) Probable cause is a reasonable belief based on available facts and circumstances, and the logical inferences that can be drawn from them. It is determined by the totality of the facts and circumstances, as viewed from the perspective of a reasonable law enforcement officer. (2) The probable cause standard is one of probability, not certainty; thus, it is significantly lower than the “proof beyond @ reasonable doubt" standard necessary to support a criminal conviction. | **EfEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 1-2 [RELEVANT INFORMATION Any relevant, reliable, legally obtained information may be used to establish probable cause, even though that same information may be excluded from trial by a rule of evidence. For example, probable cause may be based in whole or in part on hearsay (second hand) information even though the rules of evidence generally exclude hearsay evidence from a trial. Likewise, a defendant's prior criminal record may be relevant to the issue of probable cause even though that same ipformation may not be admissible to prove his/her guilt at trial. **EfEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 1-3 |APPLICATION OF THE STANDARD| **EfEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 1-3.1 |General Probable cause is the level of proof required by the Fourth Amendment to support the issuance of warrants to arrest or to search and by statute to obtain a court order to intercept communications. It is also the Fourth Amendment standsrd for WARRANTLESS ARRESTS, and for CERTAIN WARRANTLESS SEARCHES~-e.g., emergency searches for evidence, the vehicle exception, etc. | SENSITIVE Printed: 08/20/2003 06:43:34 Page 1