How Wisconsin Law Defines Probable Cause
Probable cause was included in the Fourth and Fourteenth Amendments to protect a person's liberty and property rights. In Wisconsin probable cause is a reasonable suspicion that a crime was committed and that the person suspected could have committed the crime.
Other People Are Reading
-
Probable Cause
-
Wisconsin's Constitution states that a police officer must have probable cause before seizing evidence during a search or making an arrest, which is considered seizure of a person. An officer must submit an affidavit to a judge setting forth the facts that establish probable cause, the likelihood that a person committed a crime and/or that evidence of the crime exists in the places to be searched.
Preliminary Examination
-
Under Wisconsin Statute 970.03, a preliminary examination may be held after an arrest to determine if probable cause exists. If the defendant is being held in jail, the hearing must take place within 10 days of the first appearance. If he was released, up to 20 days is acceptable. At the hearing, both parties may call witnesses to testify and cross-examine each other's witnesses.
-
Court Ruling
-
If the court determines that probable cause exists the defendant may be returned to jail or released on bail to await trial. However, if there is a finding of no probable cause, the defendant must be released immediately and all charges dropped. In addition, a lack of probable cause may give the defendant cause to file a civil lawsuit for false arrest, false imprisonment and malicious prosecution.
-
