When evaluating probable cause, what standard is employed?

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Prepare for the NLETC Arrest Search and Seizure Test. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The concept of probable cause is foundational to the legal standards governing searches and arrests. This standard is defined as a situation in which there are sufficient facts and circumstances that would lead a reasonable person to believe that a crime has been, is being, or will be committed.

The correct standard for establishing probable cause is "more likely than not." This standard reflects that the evidence must show that there is a greater than 50% likelihood that the claim being made is true. Essentially, if the evidence indicates that the likelihood of a suspect's involvement in a crime surpasses a simple guess, it can be considered to meet the threshold for probable cause.

This is distinct from other legal standards. For example, "beyond a reasonable doubt" is the standard used in criminal trials to secure a conviction, requiring a very high level of certainty from jurors regarding the defendant's guilt. "Clear and convincing evidence" is a more demanding standard than "preponderance of the evidence," used primarily in civil cases, but not in establishing probable cause. "Preponderance of evidence" is often used in civil matters to determine the burden of proof, where the evidence suggests that something is more than 50% likely true, which closely relates to "more

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