What is Probable Cause for Arrest, Search, and Seizure in Washington?

What Exactly Is Probable Cause in Washington State?

Probable cause is a foundational legal concept that protects your rights under both the U.S. and Washington State Constitutions. In Tacoma and throughout Washington, police must meet this standard before they can arrest you, search your property, or seize evidence. But what exactly does that mean?

Understanding probable cause can help you better defend yourself when facing criminal charges. At Smith & White, we’re here to break it down clearly and give you the legal support you need.

What Is Probable Cause?

In simple terms, probable cause means law enforcement has a reasonable basis to believe that a crime has been committed and that the person or place in question is connected to that crime. It’s the standard used to justify arrests, searches, and seizures. It also protects individuals from arbitrary or unjustified police actions.

This principle comes from the Fourth Amendment of the U.S. Constitution and Article I, Section 7 of the Washington State Constitution, which adds even broader protections. Together, they require that searches and seizures be lawful, and that warrants be based on probable cause, supported by oath or affirmation.

Types of Probable Cause in Washington State

Different situations call for different types of probable cause. Here are the most common:

Arrest

Police must have probable cause to believe that a specific person committed a specific crime. This is required whether they arrest you on the street or come with a warrant.

Search

To legally search your home, vehicle, or belongings, police must have probable cause that evidence of a crime will be found in that location. In most cases, this requires a warrant signed by a judge.

Seizure

Officers need probable cause to seize property they believe is evidence of a crime or illegal to possess, such as drugs or stolen goods.

How Is Probable Cause Established?

Probable cause is not a gut feeling or a hunch. It must be supported by specific, articulable facts. Officers can establish probable cause using:

• Eyewitness testimony
• Police observations (like slurred speech or the smell of alcohol)
• Informant tips (if deemed reliable)
• Physical evidence
• Circumstantial evidence from an investigation

Each piece is weighed based on its credibility. Courts ask whether a reasonable person would believe that a crime occurred and that the individual or property involved is connected to it.

The Role of Judges in Probable Cause Determinations

Judges act as the gatekeepers of probable cause. When officers apply for a search or arrest warrant, they must submit a sworn affidavit outlining the facts they believe justify the warrant. The judge reviews this affidavit to determine whether the facts rise to the level of probable cause.

At suppression hearings, judges also decide whether police had probable cause during warrantless stops or arrests. If a judge rules that probable cause was lacking, any evidence found as a result may be excluded from trial. In this way, judicial review helps keep law enforcement actions accountable.

Probable Cause vs. Reasonable Suspicion

People often confuse these two legal standards, but they are not the same:

• Reasonable Suspicion: A lower standard. It allows officers to briefly detain someone or conduct a limited search (like a pat-down) if they suspect criminal activity is afoot.
• Probable Cause: A higher threshold. It is required for arrests, full searches, and obtaining warrants.

For example, if an officer sees someone pacing outside a closed business at night, that may create reasonable suspicion. But to search their bag or make an arrest, the officer would need more concrete evidence to establish probable cause.

Why Does Probable Cause Matter?

Protects Your Privacy

It prevents unjustified government intrusion into your home, vehicle, or personal life.

Stops Unlawful Arrests

It ensures that you are not detained or prosecuted without legal justification.

Establishes a Legal Framework

It provides structure to how police can investigate and interact with the public.

Requires Judicial Oversight

Search and arrest warrants must be reviewed and approved by a judge, adding an extra layer of protection.

What If There Was No Probable Cause?

If police arrested you or searched your property without probable cause, any evidence they found may be excluded under the exclusionary rule. This means the prosecution cannot use it in court.

In many cases, successfully challenging probable cause leads to a dismissal or reduction of charges. At Smith & White, we carefully examine the facts of each case for this very reason.

Tacoma Case Example (Fictionalized)

Let’s say a man is parked near Wright Park late at night. An officer approaches without a warrant, claiming he “looked suspicious,” and then searches the vehicle. Inside, the officer finds an open container and claims the man is under the influence.

If there was no observed traffic violation or other articulable suspicion, the officer may not have had probable cause to approach or search the vehicle. In a real-world case with similar facts, our firm was able to suppress the evidence and have charges dropped.

In another scenario, a young woman is walking home from a friend’s house near Stadium District. An officer stops her based on a vague report of someone “acting strangely” in the area. He asks to search her bag and finds a vape cartridge with THC oil. Without more specific facts linking her to the reported behavior, that search might not meet the probable cause standard—and the evidence could be thrown out.

Key Statutes and Legal Precedents in Washington

• RCW 10.31.100 – Arrests without a warrant: Lists conditions where police can arrest without judicial approval, but still requires probable cause.
• RCW 10.79 – Search and Seizure: Outlines the requirements for valid search warrants and legal searches.
• RCW 9A.76.175 – Obstructing a Law Enforcement Officer: Often comes up when probable cause is disputed.

Constitutional Framework

• Fourth Amendment (U.S. Constitution) – Requires probable cause for all searches and arrests.
• Article I, Section 7 (Washington State Constitution) – Offers broader privacy protections, frequently used in state-level motions to suppress.

Key Cases

• Mapp v. Ohio (1961) – Established the exclusionary rule.
• Terry v. Ohio (1968) – Created the “reasonable suspicion” standard but clarified its distinction from probable cause.

How We Use Probable Cause to Defend Our Clients

At Smith & White, we scrutinize how the police developed probable cause. Was the warrant supported by facts? Did the officer fabricate or exaggerate details? Were your rights violated during a traffic stop?

Every one of these questions can become a turning point in your case. Whether you’re facing a DUI, drug charge, or firearm allegation, we will use our experience to challenge weak or unlawful police conduct.

Call Us Today for a Free Consultation

If you believe your rights were violated by police who lacked probable cause in Tacoma or Pierce County, contact Smith & White, PLLC. Our attorneys will give your case the careful legal review it deserves. Your first consultation is free, and we’re ready to stand up for you.