What Is Probable Cause in Texas?

Probable cause is one of the most important legal concepts in criminal law. In Texas, probable cause determines whether or not a police officer can get an arrest warrant, if they can get a search warrant, or even stop a vehicle. If probable cause is lacking, the entire criminal case against an accused person can totally fall apart. Because of how important probable cause is, Texas courts examine probable cause very carefully, because defense attorneys will often challenge it as part of their case.

What is probable cause in Texas? How is it applied? What happens when police act without having probable cause? Let's find out.

What Constitutes Probable Cause in Texas?

The Fourth Amendment to the U.S. Constitution and the Texas State Constitution ensures that everyone has the right to be free from unreasonable searches and seizures. Probable cause is the legal standard that ensures these protections are upheld.

In simple terms, probable cause means that police officers must have enough evidence to reasonably believe that a crime has been committed, and that the person they are investigating was involved in that crime. This goes well beyond a mere suspicion or a hunch, but you also don't have to have 100% proof.

Texas courts will evaluate probable cause by looking at what is referred to as "totality of the circumstances." Judges will ask whether or not a reasonable person, given the same facts, would believe that a crime was being committed.

It is also important to distinguish probable cause from reasonable suspicion. Reasonable suspicion is a standard that allows a police officer to stop and question someone. Probably cause, however, is necessary to begin the arrest process or search process.

Probable Cause for Arrests

Both the Texas Penal Code, and your constitutional rights prohibit police from arresting someone without justification. Probable cause is required for an arrested person to be arrested legally. Our team has insight to questions like Can the police search me or my belongings without a warrant in Texas?

When Is Probable Cause Established?

• Officer Observation: If an officer personally sees someone committing a crime, such as shoplifting or driving while intoxicated, that may provide probable cause.

• Physical Evidence: Discovery of drugs, weapons, or stolen property can establish probable cause for an arrest.

• Witness Statements: Testimony from victims or bystanders may support probable cause if it appears reliable.

Judicial Oversight

Even when police arrest without a warrant, a magistrate must later review the case to ensure probable cause existed. If it did not, the arrest may be ruled illegal.

Probable Cause in Searches

In addition to an arrest, searches can only be done when probable cause plays a role. Generally, police can only obtain a search warrant if they have probable cause. With the help of trusted criminal defense lawyers in Fort Worth, it may be explained that the warrant must describe the premises that will be searched as well as the items they are looking for.

When Can Police Search Without a Search Warrant?

Texas law recognizes a few exceptions. A police officer can search without a warrant in these situations:

• Consent Searches: If a person voluntarily agrees to a search.

• Search Incident to Arrest: If someone is lawfully arrested, officers may search their immediate area but not the full scene.

• Automobile Exception: Vehicles may be searched if officers have probable cause to believe evidence of a crime is inside.

• Exigent Circumstances: Emergencies, such as threats to safety or evidence destruction, can justify immediate searches.

If police conduct a search without probable cause or outside these exceptions, evidence may be excluded in court.

Probable Cause in Traffic Stops

Traffic stops are one of the most common encounters with police in Texas. To pull over a vehicle, officers must have probable cause or reasonable suspicion that a traffic law has been violated.

Examples include:

• Running a red light.

• Speeding.

• Having a broken headlight or taillight.

• Weaving between lanes.

While a minor traffic violation may justify the stop, it does not automatically allow a broad search of the vehicle. For a car to be searched, officers must have probable cause that it contains evidence of a crime—such as seeing drug paraphernalia in plain sight or smelling marijuana or alcohol.

In the case of a suspected DWI, the police officer must also have probable cause, but they can pull a car over if they have reasonable suspicion. Probable cause for an arrest would occur following a breathalyzer test.

The Difference Between Probable Cause and Reasonable Suspicion

Probably cause and reasonable suspicion are often confused but serve different purposes:

• Reasonable Suspicion: Allows police to stop and briefly detain a person for investigation. It must be based on specific facts, not just a hunch. Example: an officer sees someone pacing outside a closed store at night and suspects possible burglary.

• Probable Cause: A higher standard that allows an arrest, search, or seizure. Example: the officer sees the same person breaking a store window and carrying away merchandise.

In criminal defense cases, the distinction is crucial. If police only had reasonable suspicion but made an arrest, the arrest may be ruled unlawful.

What Happens if Probable Cause Is Lacking?

When police act without probable cause, the consequences can be serious for the prosecution’s case. Courts apply the exclusionary rule, which prevents illegally obtained evidence from being used at trial. This means that:

• Drugs found in an unlawful search may not be admissible.

• Statements made after an unlawful arrest may be excluded.

• Entire cases may be dismissed if probable cause is missing.

Since prosecutors must prove guilt beyond a reasonable doubt, challenging probable cause can be the difference between a conviction and a dismissal. Our team can advise on questions such as Is "stop and frisk" legal in Texas?

How Sparks Law Firm Can Help Protect Your Constitutional Rights

Sparks Law Firm in Fort Worth, TX, has extensive experience defending clients whose rights were violated during stops, searches, and arrests. The firm carefully reviews whether police had a valid basis for their actions. This includes:

• Examining bodycam footage and police reports.

• Challenging vague claims of “suspicious behavior.”

• Filing motions to suppress illegally obtained evidence.

• Arguing for reduced charges or case dismissal.

By holding law enforcement accountable to the standards of probable cause, Sparks Law Firm ensures that constitutional protections remain strong. Request a free consultation.