probable cause

if the search and seizure without a warrant are made upon probable cause, that is, upon a belief, reasonably arising out of circumstances known to the seizing officer, that an automobile or other vehicle contains that which by law is subject to seizure and destruction, the search and seizure are valid.

Such a state of facts as to make it a reasonable presumption that their supposed existence was the cause of action. The principal technical use of the phrase is to define the degree of certainty which will justify one in instituting a criminal prosecution, and relieve from liability for malicious prosecution should the charge prove unfounded. As so used, "probable cause'' is such a state of facts known to and influencing the prosecutor as would lead a man of ordinary caution and prudence, acting conscientiously, impartially, reasonably, and without prejudice, to believe, or entertain an honest and strong suspicion, that the person accused is guilty. Hilliard, Torts, c. 12, § 18; 81 Ala. 220; 62 N. Y. 19. Belief in the guilt of the person accused must exist (67 Wis. 350), but is not in itself sufficient (56 Mich. 367), if ordinary care, diligence, and impartiality were not exercised (60 Miss. 916).

"Probable cause" may be defined to be an apparent state of facts found to exist upon reasonable inquiry, (that is, such inquiry as the given case renders convenient and proper,) which would induce a reasonably intelligent and prudent man to believe, in a criminal case, that the accused person had committed the crime charged, or, in a civil case, that a cause of action existed. Alsop v. Lid-den, 130 Ala. 548, 30 South. 401; Brand v. Hinchman, 68 Ml chi 590, 36 N. W. 664. 13 Am. St. Rep. 362 ; Mitchell v. Wall, ill Mass. 497; Driggs v. Burton. 44 Vt. 146; Wansei v. Wyckoff, 9 Hun (N. Y.) 179; Lacy v. Mitchell, 23 Ind. 67; Hutchinson v. Wenzel, 155 Ind. 49, 56 N. E. 845. "Probable cause," in malicious prosecution, means the existence of such facts and circumstances as would excite the belief in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime fur which he was prosecuted. Wheeler v. Nesbitt, 24 How. 544, 16 In Ed. 765.

Defined under Probable in Black's Law Dictionary.

In the duties collection act of 1799, must mean reasonable ground of presumption that the charge is, or may be, well founded. Wood v. United States, 16 Pet. 342, 366. It means less than "evidence which would justify condemnation:" it imports a seizure made under circumstances which warrant suspicion. Locke v. United States, 7 Cranch, 339. cumstances as would excite the belief in a reasonable mind, acting on facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted. Wheeler v. Nesbitt, 24 How. 544. It is a reasonable ground for suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in believing that the accused is guilty of an offence with which he is charged. Munns v. Dupont, 3 Wash. 31; Palmer v. Richardson, 70 ///. 544; Davie v. Wisher, 72