While it has been said, time and time again, that probable cause does not lend itself to a precise definition, it has been noted that the concept deal with probabilities influenced by the totality of the circumstances. In a case titled State v. Chippero, the Supreme Court decided to determine whether the probable cause needed to conduct a search requires the same proofs for an arrest.

In that case, defendant was charged with the homicide of a neighbor. About the time of the killing, a disinterested third-party observed defendant in the vicinity of the victim’s home where defendant appeared to be “sweaty” and “clammy”. As a result of this information, the government obtained a search warrant of defendant's trailer.  He was later arrested.  Nine hours after he was given his Miranda rights, he admitted to raping and murdering the victim. Defendant was ultimately convicted.  The case was appealed and ultimately found its way to the Supreme Court.  There the Court reversed the conviction because the confession was faulty. Notably, defendant did not challenge the search warrant on his appellate journey. Moreover and perhaps more importantly, during oral arguments before the Court the government admitted that it did not have probable cause to arrest defendant.

At the second trial, defendant sought to suppress the evidence seized as a result of the search warrant. The defendant's argument was that since the government conceded there was no probable cause to arrest there could be no probable cause to search. While the trial court rejected this contention,  the Appellate Division endorsed its validity and reversed defendant’s conviction.  Again, the case went to the Supreme Court.

Ultimately, the Supreme Court reinstated the defendant’s conviction. In rendering its decision it observed that although probable cause had the same standard for both a search and an arrest, the factual elements of the search are different from the factual elements of an arrest. Specifically, it said that the factual predicate for an arrest is whether a crime had been committed and if the arrestee committed the offense. The factual predicates for a search, however, is merely whether contraband or evidence of a crime could be found in a particular place. Continuing, the Court concluded that the government had probable cause to effectuate the search warrant