Skip to main content

Lack of probable cause what does that mean

Capitol Heights, MD |

Ok so here's my question. The police come in my home with a warrant for weed. I stay in a 3bed room home and a basement I stay in the basement, mom stays up stairs I master room and grandmother stays up stairs nd roon #2 and last the guest room/rent out room. The police find weed in my basement with a gun but the gun is in my name and is legal and find $550 cash myroom. Also find weed in moms hand beg and $300 fack money in her roon not in beg. And in the guest room they find 7.5 grams of beged up crack this is not mine nor my mothers (we are still trying to find out who's it is) well they take us down the jail and give us both the same charges. Charges are pos weed w/ intent, pos crack w/ intent, and a drug trafficking crime guessing for the gun the legal gun. So with these types of charges I knew we were not coming home so I though, but we released on personal recognizance.

That was great but I still wanted to know why? So here's why we were released on personal recognizance due to a finding of no probable cause for the warrantless arrest. Now I'm loat? What does that mean, they showed us the warrant for weed that's what is said on it.
And something about lack of probable cause.

Can someone help me I'm so lost? I talk to my lawyer but he didn't say much as of now till i pay him I'm saving to do that.

Attorney Answers 4


  1. Probable cause to search is reason to believe that a crime has been committed or is being committed evidence of the might be found in the place to be searched. Probable cause to arrest is reason to believe that a crime has been committed or is being committed and that the person arrested is the person who committed or is committing the crime.

    Be careful what you write on public websites, because law enforcement might find it and use it against you. What you describe would be enough to charge you with violating state and federal narcotics laws. Release on personal recongnisance is related to but distinct from probable cause.

    Unless you are familiar with criminal law, criminal procedure, evidence, the prosecutor, and the judge, you should get counsel immediately. Either hire a criminal defense lawyer, or apply to the public defender.

    Information in the reply is provided as a public service. It is neither a comprehensive statement of the law nor legal advice, and no one should rely on it as such. If you have a legal problem or question, you should consult with an attorney, who can investigate the particular circumstances of your situation. Responding to a post does not constitute legal representation. I am not your lawyer, until we make an agreement and I receive my fee. Beware that posts and replies are not confidential. Anyone can read them.


  2. I'm only writing to suggest that you consult about this case immediately with an experienced criminal defense attorney in Prince George's County, preferably someone with prior prosecutorial experience and someone that has handled 4th Amendment cases like yours. The reason is because possession with intent to distribute is a felony, and you are exposed to long term incarceration if you don't win the case at a motion to suppress hearing or trial.

    Now on to probable casue. Before the police can apply for a warrant they need to provide an affidavit under oath, have it approved by a judge, stating that they believe probable cause exists that drugs, or evidence will be found at a particular location, and that the owner or dweller of the location is involved in the drug or crime. Probable cause is a fluid concept. It is evidence and/or reason to believe the elements of a crime are being met or committed, or someone is in possession of an illegal substance.

    If you need someone to review the warrant or the return, there are several attorneys in this site that practice in Prince George's County and are glad to help.

    By the way, have you received a charging document? Do yo have a court date in District Court now?


  3. You can only speculate.
    If it was warrantless that says a lot right there. Why wasn't there a warrant?

    Could it have been the wrong address? That's a very warrantless search.

    You said they had a warrant and yet a warrantless search. Wrong address might explain it....

    You think?

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.


  4. In drug cases with multiple rooms and multiple people, the area where the drugs were found, and the amount is critical. In this case for example, the amount of crack cocaine, or weed uncovered, could lead to a distribution charge. Distribution is a felony and carries potential long term incarceration. Police in house raid cases generally have conducted survillance, they develop facts that give them probable cause to believe a crime is being committed in the home. From there, they ask for a warrant.

    Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm

Civil rights topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics