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Probable cause is a requirement found in the Fourth Amendment that must usually be met before police make an arrest, conduct a search, or receive a warrant. To obtain a search warrant or arrest warrant, the law enforcement officer must demonstrate probable cause that a search or seizure is justified.The police must still have probable cause, however, that the items are indeed illegal. Exemption 3: Search incident to arrest. "Probable cause" is the legal basis that allows police to arrest someone, conduct a search, or seize property. In other words, the Affidavit is used to establish probable cause that the accused committed the crime. 2. (under MRE 311(a), seized evidence should be excluded if there was no probable cause for the search authorization unless an exception applies). (under MRE 311(a), seized evidence should be excluded if there was no probable cause for the search authorization unless an exception applies). Residence with light tan stucco walls with white trim. This article focuses on probable cause to search the residence of a person who has been arrested for, or is involved in, criminal activity. Abstract.