Topic:
ARREST; COURTS; CRIMINAL PROCEDURE; EVIDENCE; LAW ENFORCEMENT OFFICERS;
Location:
CRIMINAL PROCEDURE;

OLR Research Report


February 20, 2004

 

2004-R-0130

PROBABLE CAUSE

By: Kristina Sadlak, Legislative Fellow

You want to know the probable cause standard in criminal cases for making an arrest and whether the same standard was used under the former court system when cases were bound over to the Superior Court?

In Connecticut, “probable cause” exists when the facts and circumstances that the officer knows or has reasonably trustworthy information about are sufficient in themselves to warrant a person of reasonable caution to believe that criminal activity has occurred or is occurring (State v. Middleton, 369 A. 2d 66 (1976), 170 Conn. 601; Pizzo v. Commissioner of Motor Vehicles, 771 A. 2d 273, 62 Conn. App. 571 (2001)).

It is not relevant to probable cause whether the defendant could have been convicted on the same available evidence. But, probable cause requires more than mere suspicion (State v. Eady, 733 A. 2d 112, 249 Conn. 431 (1998)).

According to Attorney Joseph Fauliso, the same probable cause standard was used under the former court system, where more serious cases were bound over to the Superior Court upon showing probable cause.

KS: ts