Explain the difference between probable cause to arrest and probable cause to search.

• A. Probable cause to arrest supports taking someone into custody; probable cause to search supports searching for specific items or evidence.
• B. They are the same standard.
• C. Probable cause is required only for arrests, not searches.
• D. Probable cause is only needed for searches in residences.

Answer: (A)

Probable cause to arrest is the factual basis that justifies taking a person into custody; it looks at whether there are enough facts to believe the individual committed a crime. Probable cause to search, on the other hand, focuses on a place and the items sought—there must be a fair probability that the described evidence or contraband will be found in the specified location, which is why a search warrant typically naming the place and items is used. In other words, arresting hinges on the person and the act, while searching hinges on a nexus between the location and the evidence. The two standards are related but applied in different ways: detention for arrest versus a targeted search for particular items.