Spinks v. State

In Spinks v. State, Del. Supr., 571 A.2d 788 (1988) the Delaware Supreme Court defined probable cause is defined as follows: "Under Delaware law, a police officer is authorized to make a warrantless arrest and search when he has probable cause to believe that a crime or a violation of the Motor Vehicle Code has been committed. 21 Del. C. 701; Garner v. State, Del. Supr., 314 A.2d 908, 910 (1973). Probable cause is an elusive concept, which is not subject to precise definition. It lies, 'somewhere between suspicion and sufficient evidence to convict' and exist when the facts and circumstances within the officer's knowledge are sufficient in themselves to warrant a man of reasonable caution and belief that an offense has been or is being committed."