What Is “Probable Cause” in Florida?

A Guide from Hunt Law – Tampa Criminal Defense Attorney

When you’re facing a criminal investigation or arrest in Florida, one legal concept shows up again and again: probable cause. It is one of the most important standards in criminal law, and one that often determines whether law enforcement actions are lawful or unconstitutional.

At Hunt Law, we regularly analyze whether probable cause existed in our clients’ cases. If it did not, critical evidence may be suppressed, and charges may be reduced or even dismissed.

This article explains what probable cause means under Florida law and highlights the most common situations where this standard applies.

What Is “Probable Cause”?

Probable cause is a legal standard that requires a reasonable belief, based on facts and circumstances, that a crime has been committed and that a specific person committed it.

It is rooted in the Fourth Amendment to the United States Constitution, which protects individuals from unreasonable searches and seizures and requires that warrants be supported by probable cause.

Florida courts follow this same principle. The Illinois v. Gates decision established that probable cause is determined using a “totality of the circumstances” approach. That means courts look at all the facts together, not in isolation, to decide whether probable cause existed.

Florida courts have echoed this standard, holding that probable cause exists where the facts and circumstances would lead a reasonable person to believe that an offense has been or is being committed. See, e.g., State v. Betz.

Probable Cause vs. Other Legal Standards

Understanding probable cause is easier when you compare it to other standards of proof:

• Reasonable suspicion: A lower standard used for brief investigative stops (like a traffic stop under Terry v. Ohio)

• Probable cause: A higher standard required for arrests, warrants, and certain searches

• Beyond a reasonable doubt: The highest standard, required to convict someone at trial

Probable cause sits in the middle, it requires more than a hunch, but far less than proof of guilt.

Common Situations Where Probable Cause Applies

1. Arrests (With or Without a Warrant)

Law enforcement officers must have probable cause to make an arrest.

Under Florida Statutes § 901.15, officers may make a warrantless arrest if they have probable cause to believe a person committed a crime, even if the offense did not occur in their presence in certain circumstances.

Example:

• An officer observes signs of impairment (slurred speech, odor of alcohol, failed field sobriety exercises) and develops probable cause for a DUI arrest.

If probable cause is lacking, the arrest may be unlawful, and any evidence obtained afterward may be suppressed.

2. Search Warrants

To obtain a search warrant, law enforcement must present probable cause to a judge.

Florida law requires that a warrant be supported by a sworn affidavit establishing probable cause. See Florida Statutes § 933.07.

Example:

• Police submit an affidavit stating that a reliable confidential informant observed illegal drugs inside a home within the past 48 hours.

If the affidavit is insufficient, the warrant, and any evidence seized, may be invalid.

3. Vehicle Searches (Automobile Exception)

Under the “automobile exception,” officers may search a vehicle without a warrant if they have probable cause to believe it contains contraband or evidence of a crime.

This principle has been recognized by the U.S. Supreme Court in Carroll v. United States.

Example:

• An officer smells marijuana coming from a vehicle and observes drug paraphernalia in plain view.

In such cases, probable cause can justify an immediate search of the vehicle.

4. Arrest Warrants

Before issuing an arrest warrant, a judge must find probable cause based on sworn testimony or affidavit.

This ensures that individuals are not arrested arbitrarily and that there is a factual basis for the charges.

5. Filing Formal Criminal Charges

Prosecutors in Florida must also determine whether probable cause exists before filing formal charges.

Under Florida Rules of Criminal Procedure 3.140, an information must be based on facts that establish probable cause.

Example:

• A prosecutor reviews police reports, witness statements, and evidence to determine whether there is a legally sufficient basis to proceed.

• 
  

6. Bond and First Appearance

At a defendant’s first appearance, the court must determine whether probable cause exists to justify continued detention.

Florida Rule of Criminal Procedure 3.133 requires a judicial determination of probable cause within 48 hours of arrest.

If probable cause is not established, the defendant may be entitled to release.

Why Probable Cause Matters in Your Case

Probable cause is not just a technical requirement, it is often a gateway issue that can determine the outcome of a case.

If law enforcement lacked probable cause:

• Evidence may be suppressed under the exclusionary rule

• Statements may be thrown out

• Charges may be reduced or dismissed entirely

A skilled Tampa criminal defense attorney will carefully examine:

• Police reports and body camera footage

• Affidavits supporting warrants

• The timeline of events leading to arrest

• Whether officers relied on unreliable or incomplete information

Even small inconsistencies can undermine probable cause.

Challenging Probable Cause in Florida

Defense attorneys commonly challenge probable cause through:

• Motions to suppress evidence

• Motions to dismiss (when undisputed facts fail to establish a prima facie case)

• Cross-examination of officers at hearings

Courts will evaluate whether the officer’s belief was objectively reasonable under the circumstances, not just whether the officer believed a crime occurred.

Final Thoughts

Probable cause is one of the most powerful, and most litigated, concepts in Florida criminal law. It serves as a constitutional safeguard against unlawful arrests, searches, and prosecutions.

If you or a loved one has been arrested in the Tampa Bay area, a careful review of whether probable cause existed may be one of the most important steps in your defense.

Contact Hunt Law

At Hunt Law, we focus exclusively on criminal defense in Tampa and throughout Hillsborough County. We understand how to identify weaknesses in the State’s case, including challenges to probable cause, and use them to protect your rights and your future.

If you are facing criminal charges, contact an experienced Tampa criminal defense attorney today to discuss your case.