How to Establish Probable Cause Without a Citation
- 1). Fill out an affidavit, outlining the probable cause for which the police officer has to conduct a search. The police officer must detail the facts and circumstances that exist that would lead a reasonable person to believe that someone has committed a crime, is committing a crime or is about to commit a crime. The police officer should identify himself and briefly describe his education.
- 2). Disclose all relevant information in a complete and logical manner. The police officer must include facts giving rise to probable cause to believe that a certain crime has been committed, is being committed or is about to be committed. The officer should describe information that gives him probable cause to believe that a particular person or particular items are connected to the commission of a crime. The officer should also detail the information that gave him probable cause to believe that a particular person or particular items could be found at a certain place or that those items could be found on a certain person.
- 3). Describe the property to be searched and the location of that property. The key to establishing probable cause would be the police officer's description of the following with particularity: the place to be searched, describing the location, address, type of building, construction and color; the person to be searched, describing height, weight, race, hair colors, scars and any possible tattoos; and the item for which the search will be conducted.
- 4). Present the affidavit to the magistrate. If the magistrate finds that there is probable cause to believe a crime has been or may be committed, he will issue a warrant. In the case that the warrant lacks a citation or bears an improper citation, as long as probable cause has been established, the warrant will be valid. According to the Municipal Police Institute, "Even if a search warrant incorrectly states the citation of the statute which the defendant allegedly violated, it was held that the search warrant was valid because it did set forth immediately below the misstated statute, a detailed description of the property to be seized and a clear statement of the place to be searched."
