What the standard asks
Probable cause means facts and circumstances that would lead a reasonable person to believe that a crime was committed and that the person arrested committed it. It is more than a hunch and less than proof beyond a reasonable doubt. Police can usually arrest in a public place without a warrant when probable cause exists, but entering a home to arrest generally requires a warrant unless an emergency or another recognized exception applies. Information from a witness, a complainant, or another officer can supply probable cause, depending on its reliability. New York's state constitution has been read in some areas to protect more than the federal minimum, so the analysis is not always the same as the federal one.
Why it matters in the criminal case
If an arrest lacked probable cause, evidence obtained as a result of it, including statements and items found in a search, may be subject to suppression. That issue is raised by a defense motion and is usually decided after a hearing where officers testify about what they knew and when. A lack of probable cause for the arrest does not automatically end a case, because the prosecution may have independent evidence. Separately, the charging document filed in court has to meet its own legal sufficiency rules, and a defect there is a different argument. Each of these points depends on the record, which is why the police paperwork and any body-worn camera footage are reviewed early.
Civil claims for wrongful arrest
Someone arrested without probable cause may have a civil claim for false arrest under state law or federal civil rights law. The existence of probable cause is usually a complete defense to that kind of claim, and officers often raise immunity defenses as well. Claims against a city or other public body in New York can require a notice of claim within a short period, so delay can close that door. Keep your arrest paperwork, any property receipts, medical records, and the names of witnesses. In a first meeting we look at the criminal case first, because how it ends can affect any civil claim.
