The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (February 2011)

In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the standard to which a grand jury believes that a crime has been committed. This term comes from the Fourth Amendment of the United States Constitution:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

"Probable" in this case may relate to actual statistical probability, or to a general standard of common behavior and customs. The context of the word "probable" here is not exclusive to community standards and does not predate statistics, as some have suggested.^[1]

Definitions in the United States of America[link]

The best-known definition of probable cause is "a reasonable belief that a person has committed a crime".^[2] Another common definition is "a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true".^[3] Notable in this definition is a lack of requirement for public position or public authority of the individual making the recognition, allowing for use of the term by citizens and/or the general public.

In the context of warrants, the Oxford Companion to American Law defines probable cause as "information sufficient to warrant a prudent person's belief that the wanted individual had committed a crime (for an arrest warrant) or that evidence of a crime or contraband would be found in a search (for a search warrant)". "Probable cause" is a stronger standard of evidence than a reasonable suspicion, but weaker than what is required to secure a criminal conviction. Even hearsay can supply probable cause if it is from a reliable source or supported by other evidence, according to the Aguilar–Spinelli test.

Probationers and parolees[link]

In early cases, the Supreme Court held that when a person is on probation, the standard required for a search to be lawful is lowered from "probable cause" to "reasonable grounds"^[4] or "reasonable suspicion." Specifically, the degree of individualized suspicion required of a search was a determination of when there is a sufficiently high probability that criminal conduct is occurring to make the intrusion on the individual's privacy interest reasonable. The U.S. Supreme Court held that "[a]lthough the Fourth Amendment ordinarily requires the degree of probability embodied in the term 'probable cause,' a lesser degree satisfies the Constitution when the balance of governmental and private interests makes such a standard reasonable...When an officer has reasonable suspicion that a probationer subject to a search condition is engaged in criminal activity, there is enough likelihood that criminal conduct is occurring that an intrusion on the probationer's significantly diminished privacy interests is reasonable."^[5]

Later, in Samson v. California, the Supreme Court ruled that reasonable suspicion is not even necessary: "The California Legislature has concluded that, given the number of inmates the State paroles and its high recidivism rate, a requirement that searches be based on individualized suspicion would undermine the State's ability to effectively supervise parolees and protect the public from criminal acts by reoffenders. This conclusion makes eminent sense. Imposing a reasonable suspicion requirement, as urged by petitioner, would give parolees greater opportunity to anticipate searches and conceal criminality." The court held that reasonableness, not individualized suspicion, is the touchstone of the Fourth Amendment.^[6] It has been proposed that Fourth Amendment rights be extended to probationers and parolees, but such proposals have not gained traction.^[7] There is not much that remains of the Fourth Amendment rights of probationers after waiving their right to be free from unreasonable searches and seizures.^[8] An essay called "They Released Me from My Cage...But They Still Keep Me Handcuffed" was written in response to the Samson decision.^[9] It has been argued that the requirement that a police officer must have individualized suspicion before searching a parolee's person and home was long considered a foundational element of the Court's analysis of Fourth Amendment questions, and that abandoning it in the name of crime prevention represents an unprecedented blow to individual liberties.^[10]

Accident investigation[link]

The term is used in accident investigation to describe the conclusions reached by the investigating body as to the factor or factors which caused the accident. This is primarily seen in reports on aircraft accidents, but the term is used for the conclusion of diverse types of transportation accidents investigated in the United States by the National Transportation Safety Board or its predecessor, the Civil Aeronautics Board.

Other countries[link]

In the criminal code of some European countries, notably Sweden, probable cause is a higher level of suspicion than "justifiable grounds" in a two level system of formal suspicion. The latter refers only to the suspect being able to and sometimes having a motive to commit the crime and in some cases witness accounts, whereas probable cause generally requires a higher degree of physical evidence and allows for longer periods of detention before trial. See häktning.

Related cases[link]

• The Supreme Court decision Illinois v. Gates 462 U.S. 213 (1983)^[11] lowered the threshold of probable cause by ruling that a "substantial chance" or "fair probability" of criminal activity could establish probable cause. A better-than-even chance is not required.

• The decision in Terry v. Ohio, 392 U.S. 1 (1968)^[12] established that "stop and frisks" (seizures) may be made under reasonable suspicion if the officer believes a crime has been committed, is, or soon will be committed with a weapon concealed on such person.

• In United States v. Matlock, 415 U.S. 164 (1974)^[13], the Court announced the "co-occupant consent rule" which permitted one resident to consent in the co-occupant's absence. The case established that an officer who made a search with a reasonable belief that the search was consented to by a resident did not have to provide a probable cause for the search.

However, in Georgia v. Randolph, 547 U.S. 103 (2006)^[14] the Supreme Court ruled, thus replacing Matlock, when officers are presented with a situation wherein two parties, each having authority to grant consent to search premises they share, but one objects over the other's consent, the officers must adhere to the wishes of the non-consenting party.^[15]

• New Jersey v. T. L. O., 468 U.S. 1214 (1985)^[16] set a special precedent for searches of students at school. The Court ruled that school officials act as state officers when conducting searches, and do not require probable cause to search students' belongings, only reasonable suspicion.

• In O'Connor v. Ortega, 480 U.S. 709 (1987)^[17], the Court relied on T.L.O. to extend the reasonable suspicion standard to administrative searches of public employees' belongings or workplaces when conducted by supervisors seeking evidence of violations of workplace rules rather than criminal offenses.

Probable cause hearings[link]

In the various states of the United States, a probable cause hearing is the preliminary hearing typically taking place before arraignment and before a serious crime goes to trial. The judge is presented with the basis of the prosecution's case, and the defendant is afforded full right of cross-examination and the right to be represented by legal counsel. If the prosecution cannot make a case of probable cause, the court must dismiss the case against the accused.

See also[link]

• Civil rights
• Moral certainty
• Preponderance of evidence
• Reasonable doubt
• Reasonable suspicion
• Rights

References[link]

External links[link]

• Legal information about probable cause
• The Lawful Arrest FAQ entry on probable cause 12 3
• Further information from Flexyourrights.org
• Congressional Research Service

Aaron Hernandez

Hernandez playing for the Patriots in 2011
No. 81     New England Patriots
Tight end
Personal information
Date of birth: (1989-11-06) November 6, 1989 (age 22)
Place of birth: Bristol, Connecticut
Height: 6 ft 2 in (1.88 m) Weight: 245 lb (111 kg)
Career information
High school: Bristol Central High School
College: Florida
NFL Draft: 2010 / Round: 4 / Pick: 113
Debuted in 2010 for the New England Patriots
Career history
New England Patriots (2010–present)
Roster status: Active
Career highlights and awards
SEC Championship (2008) BCS National Championship (2009) John Mackey Award (2009) First-team All-American (2009) First-team All-SEC (2009) Pro Bowl (2011) AFC champion (2011)
Career NFL statistics as of Week 17, 2011
Receptions 124 Receiving yards 1,473 TD receptions 12 Stats at NFL.com

Aaron Michael Hernandez (born November 6, 1989) is an American football tight end for the New England Patriots of the National Football League (NFL). He played college football for the University of Florida, was a member of a BCS National Championship team, earned All-American honors, and was recognized as the outstanding college tight end in the nation. He was drafted by the Patriots in the fourth round of the 2010 NFL Draft, and was selected for the Pro Bowl following his second NFL season.

Early years[link]

Hernandez, who is of Puerto Rican descent,^[1] was born in Bristol, Connecticut.^[2] He attended Bristol Central High School in Bristol, and played for the Bristol Central Rams high school football team as a wide receiver.^[3] As a senior, he was the Connecticut Gatorade Football Player of the Year after making 67 receptions for 1,807 yards and 24 touchdowns on offense, and 72 tackles, 12 sacks, three forced fumbles, two fumble recoveries and four blocked kicks on defense.^[3] The 1,807 receiving yards and 24 touchdowns were a state record and his 31 touchdowns tied the state record. He also set the state record for receiving yards in a single game with 376, which was the seventh best total in national high school history, and set a national high school record for yards receiving per game with 180.7.

Hernandez was considered the top tight end recruit in 2007 by Scout.com.^[4]

College career[link]

Hernandez enrolled at the University of Florida, where he played for coach Urban Meyer's Florida Gators football team from 2007 to 2009.^[5] As a true freshman in 2007, Hernandez appeared in 13 games for the Gators, starting three. He finished the season with nine receptions for 151 yards and two touchdowns. As a sophomore in 2008, he started 11 of 13 games in place of the injured Cornelius Ingram, and finished the season with 34 receptions for 381 yards and five touchdowns. In the 2009 BCS National Championship Game against the Oklahoma Sooners, Hernandez led the Gators in receiving yards with 57 on five receptions, as the Gators defeated the Sooners 24–14 to win their second national championship in three seasons.^[6] As a junior in 2009, Hernandez won the John Mackey Award, given annually to the nation's best tight end, after leading the Gators in receptions with 68 for 850 yards and five touchdowns. He was also a first-team All-Southeastern Conference selection and was recognized as a first-team All-American by the Associated Press, College Football News and the The Sporting News.^[5]

Hernandez finished his college career with 111 receptions for 1,382 yards and 12 touchdowns.

After his junior year, he decided to forgo his senior season and enter the 2010 NFL Draft.^[7]

Professional career[link]

Pre-draft[link]

New England Patriots[link]

Hernandez was drafted by the New England Patriots in the fourth round (113th overall) of the 2010 NFL Draft. The previous day, the Patriots drafted another tight end, Rob Gronkowski. Shortly after he was drafted, The Boston Globe reported Hernandez had admitted to marijuana use and had failed multiple drug tests while in college, causing his draft stock to drop.^[9] Later that day, the Patriots released a statement from Hernandez, who said he had failed only one drug test while in college and was candid about it to interested teams at the NFL Scouting Combine.^[10]

Hernandez signed a four-year contract on June 8, 2010.^[11] The contract included a signing bonus of $200,000—less than half the bonus received by Patriots fourth-round pick placekicker Stephen Gostkowski in 2006.^[12] To compensate for the small signing bonus, the deal also includes a series of roster and workout bonuses that add up to an additional $700,000, which means that "Hernandez can wind up getting the money a third-rounder would over four years, but he's gotta walk the straight and narrow to do so."^[13]

2010 season[link]

Hernandez started the 2010 season as the youngest player on any active roster in the NFL. In Week 2, against the New York Jets, he caught 6 passes for 101 yards, making him the youngest player since 1960 to have 100 yards receiving in a single game. In the Patriots' Week 3 victory over the Buffalo Bills, Hernandez led all Patriots receivers with 6 catches for 65 yards, and had one rush for 13 yards. In the Patriots' Week 9 loss against the Cleveland Browns, Hernandez caught his first career touchdown on a 1-yard pass from quarterback Tom Brady, and added another touchdown later in the game. In Week 15, Hernandez caught two touchdown passes from Brady in a win over the Green Bay Packers, earning Hernandez Pepsi NFL Rookie of the Week honors. He finished the 2010 season with 45 receptions for 563 yards and six touchdowns in 14 games played (7 starts).

2011 season[link]

Through Week 15, Hernandez played in 12 of the Patriots' 14 games, starting 10; for the second season in a row, Hernandez missed two regular-season games with a knee injury. He set career bests in receptions and yards in Week 15, against the Denver Broncos, with 9 catches for 129 yards and one touchdown.

Hernandez and teammate Rob Gronkowski are the first pair of tight ends in NFL history to score at least five touchdowns each in consecutive seasons for the same team; both rank in the top 20 among all receivers in number of catches.

Gronkowski-Hernandez tandem[link]

At the start of the 2011 season, Hernandez was one of only two tight-ends on the roster; the other was his fellow 2010 draftee Rob Gronkowski.

Although Hernandez's stats were eclipsed by Gronkowski's, Hernandez still ranked in the top 5 in receptions, yards, and touchdowns among tight ends; according to NBC Sports, Hernandez and Gronkowski are the first pair of tight ends in NFL history to catch 5 touchdown passes in consecutive seasons with the same team. In 2011 they also set NFL records for yardage, receptions, and touchdowns by tight ends on one team, combining for 169 receptions, 2,237 yards, and 24 touchdowns. The previous records for receptions and yards by tight ends on a single team was set in 1984 by the San Diego Chargers, who had four tight ends combine for 163 receptions and 1,927 yards;^[14] the 24 touchdowns eclipsed the record of 18 touchdowns caught by Gronkowski, Hernandez, and Alge Crumpler in 2010.

See also[link]

	American football portal
	Puerto Rico portal
	Biography portal
	College football portal

• 2008 Florida Gators football team
• 2009 College Football All-America Team
• Florida Gators
• List of Florida Gators football players
• List of New England Patriots players
• List of Puerto Ricans

References[link]

External links[link]

• Aaron Hernandez on Twitter
• New England Patriots bio
• Florida Gators bio
• NFL combine profile
• ESPN bio