Everyone should be familiar with their rights so they know how to protect them when interacting with law enforcement. One of the terms that you should know is probable cause, which is a key issue that arises when a police officer wants to conduct a search, make an arrest, or obtain an arrest warrant.
Arrests
In order to arrest someone, the officer must establish probable cause. This means the officer must have sufficient reason to believe that the individual has committed a crime. For example, let’s say a jewelry store is robbed and a police officer encounters someone who matches the description of the suspect. The officer may notice that the individual is wearing jewelry that is similar to the pieces that were stolen. These two pieces of evidence would be enough to establish probable cause, which means the officer could make an arrest. If an arrest is made without probable cause, the arrest will not be valid.
Officers must also establish probable cause in order to obtain an arrest warrant from a judge. The officer must show the judge that he has reason to believe the person who is named in the arrest warrant has committed a crime. If the judge believes the officer does not have probable cause, the warrant will not be issued.
Searches
To obtain a search warrant from a judge, a police officer must establish probable cause. The officer must have evidence that shows a crime was committed at the location or evidence of a crime that was committed will be found at the location.
Most of the time, a police officer will need a warrant to search your property, however there are some exceptions to this rule. For example, a police officer only needs probable cause to search a vehicle during a traffic stop. Let’s say a police officer pulls you over and then sees what appears to be a small bag of drugs sitting in your passenger seat. This would give the officer probable cause to search the vehicle. The smell of illegal drugs could also be enough evidence to establish probable cause and conduct a search of the vehicle without a warrant.
If you have been charged with a crime, seek legal representation from a criminal defense attorney at once. The attorneys at Reisch Law Firm will carefully review your case to determine if the officer had the right to arrest or search you. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.
