The principle of probable cause has been enshrined in most Constitutions of the world as a way to curtail the excessiveness and abuse of powers of law enforcement agencies, especially, that of police officers.
It has been provided that the privacy of individuals should be respected at all times and their privacy can only be invaded on probable cause or legal reasonable justifications.
This principle is of the effect that it is illegal for a law enforcement agent to randomly stop and search any individual; his person or his property without a probable cause or reasonable justification, if not it will amount to harassment and invasion of privacy which is an infringement on the fundamental right to privacy of the citizen.
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The phrase probable cause as a legal principle took its root in the constitution of the United States in the Fourth Amendment, and it provides thus; “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”.
In Nigeria, the fundamental right to a citizen’s privacy is provided for in S.37 of the constitution of the federal republic of Nigeria, 1999, and it reads thus; The privacy of citizens, their homes, correspondence, telephone conversations, and telegraphic communications is hereby guaranteed and protected.
Subsequently, the Administration of the Criminal Justice Act, 2015 provides that before a search is to be conducted on a person or his property, the law enforcement agencies that intend to carry out this search must first apply to the court for a search warrant, telling the court that they have probable cause or reason to believe that the citizen or his property is involved in a crime hence why they need to conduct the search. If the law enforcement agency fails to successfully show that it has probable cause to carry out the search the court is at liberty to deny granting the search warrant.
Therefore, Probable cause as a legal principle simply means “the reasonable grounds to believe that a particular person has committed a crime or is about to commit a crime to justify conducting a search on him or on his property.
If a police officer cannot show that he has a reasonable ground to believe that a person has committed a crime or is about to commit a crime or is in possession of criminal elements thereby giving that police officer the probable cause or reasonable ground to conduct a search on that individual, that police have committed a crime of encroachment of the fundamental right to privacy of a citizen.