What establishes probable cause to arrest?

• A. A hunch or gut feeling
• B. The suspect's prior conviction
• C. A court order
• D. Facts and circumstances within the officer's knowledge that would lead a reasonable person to believe the suspect committed or is committing a crime.

Answer: (D)

Probable cause to arrest is present when the facts and circumstances known to the officer would lead a reasonable person to believe the suspect has committed or is committing a crime. This is an objective standard based on the totality of the circumstances the officer knows at the moment of the arrest. It’s more than a hunch and can come from what you observe, what witnesses tell you, or the physical evidence you’ve gathered.

A prior conviction by itself doesn’t prove a new crime is occurring, so it doesn’t establish probable cause for an unrelated arrest. A court order (like a warrant) is a judicial authorization that follows from probable cause, not itself the source of probable cause; it confirms that a judge has found probable cause, but the arrest still rests on those facts known to the officer.