The “mercurial concept” of probable cause

August 6, 2012

  • 35 Arrest
  • 35II On Criminal Charges
  • 35k63 Officers and Assistants, Arrest Without Warrant
  • 35k63.4 Probable or Reasonable Cause
  • 35k63.4(2) k. What Constitutes Such Cause in General.

35 ArrestProbable cause to arrest is a mercurial concept incapable of precise definition; it is more than mere naked suspicion but less than the legal evidence necessary to convict; it is not a technical concept but rather one having to do with the factual and practical considerations of everyday life upon which reasonable men, not constitutional lawyers, act.
State v. Gavazzi, 753 A.2d 746 (N.J. Super. Ct. Law Div. 2000)