Understanding Probable Cause
Your Key to a Stronger Defense in Florida Criminal Cases
Lotter Law: Leveraging Experience to Challenge Lack of Probable Cause
Request a Free Case EvaluationDefining Probable Cause: A Legal Cornerstone
"Probable cause" is a fundamental concept in the American justice system, deeply rooted in your Fourth Amendment rights. It's the standard law enforcement must meet before they can lawfully arrest you, search your property, or obtain a warrant.
What Does Probable Cause Mean?
Probable cause isn't just a guess or a hunch. It requires law enforcement to have a reasonable basis, supported by specific facts and circumstances, to believe that:
- A crime has been, is being, or is about to be committed.
- The individual they intend to arrest is the one who committed the crime.
- The place they intend to search contains evidence of the crime.
Courts often describe it as a "fair probability" or a "substantial chance"—more than bare suspicion, but less than the evidence needed to convict someone at trial. The determination is based on the "totality of the circumstances" known to the officer at the time of the action.
Attorney Jeff Lotter's experience teaching probable cause at the police academy provides him with a deep, practical understanding of this standard and how it should be applied.
Probable Cause vs. Reasonable Suspicion
It's crucial to understand that probable cause is a higher legal standard than "reasonable suspicion." These terms are not interchangeable, and the distinction directly impacts your rights.
Reasonable Suspicion
A lower standard that allows law enforcement to briefly detain someone (e.g., a traffic stop, a "Terry stop") if they have specific, articulable facts suggesting criminal activity may be "afoot."
- Requires more than an "unarticulated hunch."
- Allows for a brief investigatory stop.
- May permit a limited pat-down for weapons if officer safety is a concern.
- Not sufficient for an arrest or a full search of a person or vehicle (generally).
Probable Cause
A higher standard required for more significant intrusions on your liberty and privacy.
- Needed for a lawful arrest.
- Required to obtain a search warrant from a judge.
- Generally required to search a vehicle without a warrant (though exceptions exist).
- Based on a "fair probability" that a crime occurred or evidence exists.
How Lotter Law Challenges Lack of Probable Cause
If law enforcement acts without the necessary probable cause, your rights may have been violated. At Lotter Law, we leverage Jeff Lotter's unique background as a former State Trooper, Deputy Sheriff, and Police Academy Instructor to scrutinize every aspect of your case.
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Scrutinizing the Arrest: Was there truly probable cause for your arrest, or was it based on insufficient evidence, assumptions, or an officer's hunch? We analyze the officer's stated reasons and compare them to the legal standard.
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Examining Search Warrants: If a warrant was used, we investigate whether the affidavit supporting it contained sufficient, reliable information to establish probable cause. We also check for particularity in describing what was to be searched and seized.
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Analyzing Warrantless Searches: Many searches occur without a warrant. While some exceptions exist (e.g., plain view, search incident to lawful arrest), these exceptions often still require underlying probable cause. We assess if the circumstances truly justified a warrantless search.
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Filing Motions to Suppress: If we find evidence was obtained without probable cause, we will file a Motion to Suppress. This asks the court to exclude that illegally obtained evidence from your case.
Our firm's data-driven approach, tracking case dispositions in Orange County, further enhances our ability to identify patterns and develop strategies related to probable cause determinations by specific officers or in certain types of cases.
Potential Benefits of a Successful Probable Cause Challenge
Successfully challenging the legality of a search, seizure, or arrest based on a lack of probable cause can significantly impact your case.
Evidence Suppression
Key evidence obtained illegally can be excluded from your trial, making it inadmissible.
Weakened Prosecution
Without crucial evidence, the state's ability to prove its case against you is significantly diminished.
Case Dismissal/Reduction
Often, suppressed evidence is so vital that charges may be dismissed or reduced to lesser offenses.
Negotiation Leverage
A successful challenge can provide strong leverage for negotiating a more favorable plea agreement.
Our Experienced Legal Team
Jeff Lotter
Attorney | Founder
An experienced Orlando attorney, Jeff brings more than two decades of front-line law enforcement and legal experience to every case. As a former Florida State Trooper and Deputy Sheriff, he offers clients a powerful advantage: insider knowledge of police procedures and prosecution strategies. Now solely dedicated to criminal defense, Jeff—a Military Veteran—approaches the courtroom as a battlefield. You, the client, are the General; Jeff is the battlefield commander executing your mission. Grounded in his Christian faith and committed to protecting freedom, Jeff sees every case as an opportunity to push back against government overreach and defend the individual against unjust intrusion. Married for over 20 years with two children, he brings the same unwavering dedication to protecting your rights as he does to his own family.
Stacy Sanchez
Senior Legal Assistant
Since beginning her legal career in 2014, Stacy has brought unwavering dedication to the field of criminal defense. She joined Lotter Law in 2021 and has since become an integral part of the team, known for her reliability, compassion, and sharp attention to detail. Originally from New York and raised in Orlando, Stacy blends tenacity with a warm, client-centered approach. Driven by a deep desire to help others, she believes every person deserves to be treated with dignity and respect—especially during some of the most difficult moments of their lives. Her strong family values guide her empathetic communication and relentless work ethic. With over a decade of experience and a genuine passion for criminal defense, Stacy continues to make a meaningful impact every day at Lotter Law.
Marissa Rodriguez
Legal Assistant
Born and raised in Orlando, Florida, Marissa joined the firm in 2022 with a strong passion for criminal defense. She has become a valued member of the team, known for her strong work ethic, and dedication to client service. Graduating at the top of her class, Marissa brings both academic excellence and practical experience to her role. Her hardworking and reliable nature ensures that every case is handled with care and precision.
Office Consults By Appointment Only
Law Office of Jeff Lotter PLLC
200 E Robinson St Suite 1140
Orlando, FL 32801
Serving Central Florida, including Orange County.
Get DirectionsArrested or Searched? Question Probable Cause.
If you suspect your rights were violated due to a lack of probable cause, don't wait. Contact Lotter Law for a free, confidential consultation to understand your defense options.
Or, reach us directly:
Law Office of Jeff Lotter PLLC | 200 E Robinson St Suite 1140, Orlando, FL 32801