Probable cause is for the defense, in this case Biden, or no?
Probable Cause
https://www.law.cornell.edu/wex/probable_cause
Probable cause is a requirement found in the Fourth Amendment that must usually be met before police make an arrest, conduct a search, or receive a warrant. Courts usually find probable cause when there is a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search).