What Is Probable Cause in New York?

Understanding Your Rights After an Arrest in Nassau County

If you’ve been stopped, searched, or arrested in Nassau County, one of the first things your lawyer will look at is whether the police had probable cause. This legal rule protects you from being arrested or searched without good reason.

At Hochhauser Criminal & DWI Defense, we’ve seen how a lack of probable cause can make or break a case. Here’s what it means and how it could affect your criminal charges.

What Does “Probable Cause” Mean?

Probable cause means the police must have specific facts that would make a reasonable person believe a crime has been committed.

It’s more than just suspicion or a “gut feeling.” Officers need actual evidence or clear observations to justify an arrest, a search, or a warrant.

This rule comes from the Fourth Amendment of the U.S. Constitution and New York State law, both of which protect people from unreasonable searches and seizures.

Examples of Probable Cause in Nassau County

Here are a few common situations where police might claim they had probable cause:

• DWI Arrest: An officer smells alcohol, sees bloodshot eyes, and observes slurred speech.
• Drug Charges: Police find drugs in plain sight or see a hand-to-hand exchange.
• Domestic Dispute: Visible injuries, witness statements, or 911 calls suggest a crime occurred.

If an officer cannot clearly explain what facts led to their actions, your attorney can argue that the stop or arrest was unlawful.

Probable Cause vs. Reasonable Suspicion

People often confuse these two terms, but they are not the same:

• Reasonable Suspicion allows police to stop and briefly question someone (for example, during a traffic stop).
• Probable Cause is needed to make an arrest or search a person, vehicle, or home.

In short, reasonable suspicion starts an investigation, while probable cause allows police to take action.

Why Probable Cause Matters in Your Case

If police did not have probable cause, your lawyer can ask the court to suppress evidence — meaning it cannot be used against you. In some cases, the judge may even dismiss the charges entirely.

At Hochhauser Criminal & DWI Defense, we carefully review police reports, body camera footage, and witness statements to find signs of a rights violation.

Common Cases Where Probable Cause Is Challenged

Our firm often challenges probable cause in cases involving:

• DWI or DUI arrests
• Drug possession or sale
• Unlawful vehicle or home searches
• Weapons possession
• Domestic violence accusations

We fight aggressively to protect your rights and hold law enforcement accountable for illegal searches or arrests.

Arrested Without Probable Cause? Call Us Today.

If you think the police acted without probable cause, you don’t have to face it alone. The sooner you contact an attorney, the more options you have to fight the charges.

Call Hochhauser Criminal & DWI Defense at (516) 939-1529 or contact us online for a free consultation.
We defend clients throughout Nassau County, Suffolk County, and New York City.