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Affidavit of Probable Cause

What is an Affidavit of Probable Cause? It’s basically a document that the government provides to a person accused of a crime, that illustrates probable cause for an arrest. The affidavit does not contain all the evidence in a criminal case, but rather a general report illustrating probable cause.

Affidavit of Probable Cause must contain facts, rather than conclusions that make out probable cause. Illinois v. Gates.

If an arresting agency does not provide you with an affidavit of probable cause, it is important to have your lawyer contact that agency to obtain the affidavit.  Do not under any circumstance contact any arresting agency on your own, in an attempt to retain your affidavit of probable cause.

Feel free to contact our office at 215-423-5500 or toll-free at 1-800-961-7410 to learn more about the affidavit of probable cause.