Texas-Book-Gun Law Armed And Educated - Flipbook - Page 32
As you can see, Mr. Terry did nothing more than lawfully walk up
and down the street and look in some store windows—an activity
that is done by millions on a daily basis.
B. Probable cause
Probable cause is the minimum legal standard of proof required by
law before a police officer may lawfully arrest someone or search
a vehicle without a warrant or for a judge or magistrate to issue a
search warrant or arrest warrant. This relatively low level of proof
is defined by the U.S. Supreme Court as available trustworthy facts
that would lead a reasonable person to believe that the person under
investigation had committed or is committing an offense. See Beck
v. Ohio, 379 U.S. 89 (1964). Probable cause is evaluated on a caseby-case basis and has no precise formula. Sometimes, a person
is eligible for certain defenses or exceptions to shield him from
criminal responsibility. Unfortunately, an officer does not need to
investigate and rule out all possible defenses and exceptions before
developing probable cause that an offense is being committed.
C. Preponderance of the evidence/clear and convincing
evidence
Preponderance of the evidence and clear and convincing evidence
are standards of proof that predominantly apply to civil causes of
action. See Chapter 16 for more information on these terms, and
civil liability in general.
D. Beyond a reasonable doubt
This is the highest level of legal proof, and is the standard of
proof that must be established in trial before a person can be
convicted of a criminal act. How is it defined? In the past, the
Texas courts placed a lengthy definition on this term to guide
juries in criminal cases. However, the definition of this concept
Know Your Rights: Part I | 21
