An important part of the criminal justice system requires that authorities follow certain procedures to ensure that the rights of accused individuals are protected. When the rights of accused individuals are violated, it is important that they are familiar with criminal defense protections that may help them.
On standard that authorities must follow is the probable cause standard. Police officers must have probable cause to arrest an accused individual; probable cause for a warrant; and probable cause for search and seizure of property. Without meeting this important standard, authorities may be vulnerable to challenges brought against an illegal arrest or search or seizure.
In general, probable cause refers to the threshold authorities to arrest an accused individual or to conduct a search and seizure of property. Authorities must an adequate reason to believe that a crime was committed and the accused individual committed the crime. In the case of search and seizure of property for instance, the police must have a reasonable belief that a crime has been committed and that evidence of that crime exists at the location being searched.
There are many complexities associated with search and seizure laws as well as the rights of accused individuals which is why it is so important to be familiar with what those rights are. Because accused individuals are facing potentially significant penalties and consequences whenever they are facing criminal charges, accused individuals must be familiar with their criminal defense rights and options and how they can protect them when they are facing criminal charges.