What Is Probable Cause in Massachusetts?

What Is Probable Cause in Massachusetts?

Probable cause is the legal standard that allows police to make arrests, conduct searches, and initiate criminal charges. It’s a cornerstone of the Fourth Amendment and plays a role in nearly every criminal case.

In Massachusetts, probable cause exists when the facts and circumstances would lead a reasonable person to believe that a crime has been committed and that the person in question committed it.

Clerk magistrates, judges, and police officers all rely on probable cause at different stages:
- Police need it to search you (unless an exception applies.
- Clerks use it to decide whether a criminal complaint should issue.
- Judges use it when deciding whether an arrest or search was justified.

Understanding how probable cause works can help you fight unlawful searches or charges that never should’ve been brought in the first place.