- What:challenge the evidence's sufficiency.
- Motion:to dismiss.
- Pairs with:suppression.
- Win:dismissal.
A contested probable cause motion asks the court to dismiss a charge because the State's evidence isn't enough to justify a trial. Under Minn. R. Crim. P. 11.04 and the Florence standard, the question isn't just whether there was probable cause to arrest — it's whether, on the record, it is "fair and reasonable to require the defendant to stand trial." If the answer is no, the charge is dismissed. This is one of the core pretrial motions and is often paired with a motion to suppress.
The Standard
At the spreigl-florence.html">Omnibus Hearing, the defense can contest probable cause. The court applies the standard from State v. Florence: it does not simply re-check whether police had probable cause to arrest. Instead, it looks at the facts disclosed by the record as a whole and decides whether it is fair and reasonable to require the defendant to stand trial. If the evidence — taken in the light most favorable to the State — still wouldn't allow a reasonable jury to convict, the charge shouldn't proceed.
How It Connects to Suppression
Probable cause and suppression often work together. If a motion to suppress removes key evidence, what remains may no longer establish probable cause — so the suppression ruling can set up a successful motion to dismiss. The two are frequently briefed and argued at the same Omnibus Hearing for exactly this reason.
What the Court Considers
The court reviews the complaint, the police reports, and the evidence in the record. The defense can point out gaps — a missing element of the offense, evidence that doesn't actually tie the defendant to the crime, or proof that falls short on an essential point. The defense may, in appropriate cases, call witnesses to show the absence of probable cause.
What Dismissal Means
If the court grants the motion, the charge is dismissed. Depending on the grounds, the State may sometimes be able to refile if it later develops more evidence, but a probable-cause dismissal ends the current prosecution on that charge and can be the turning point of a case — especially when it follows suppression that gutted the State's proof.
Updated May 18, 2026 · Law verified as of June 8, 2026. This article is general information about Minnesota law, not legal advice.
Frequently Asked Questions
What is a contested probable cause hearing?
It's a pretrial challenge, usually at the Omnibus Hearing, where the defense argues the State's evidence isn't enough to justify a trial. Under Rule 11.04 and Florence , the court decides whether it's fair and reasonable to require the defendant to stand trial.
Is this the same as the probable cause to arrest?
No. The court isn't just re-checking whether police had probable cause to arrest. Under Florence , it looks at the whole record and asks whether it's fair and reasonable to make the defendant stand trial — a distinct question.
How does suppression affect a probable cause motion?
If a motion to suppress removes key evidence, the remaining evidence may no longer establish probable cause. That's why suppression and probable-cause dismissal are often argued together — winning one can win the other.
What happens if the charge is dismissed for lack of probable cause?
The current prosecution on that charge ends. Depending on the grounds, the State may sometimes refile if it develops more evidence, but the dismissal can be the decisive moment in a case.
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Read the guideThe information on this article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship.