Arrest Without Probable Cause In Allegheny
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FAQ
Locating the Affidavit Forms Use one of the following methods to locate the forms for the affidavit of probable cause: Open a new web browser page and navigate to .pacourts/forms/for-law-enforcement/. Within the UJS Web Portal, click on the UJS Forms link at the top right of the screen.
The Search Incident to Arrest Exception This exception serves two governmental interests: (1) the need to ensure officer safety and disarm the suspect and (2) the need to prevent destruction of evidence.
B) Chimel v. California.
The presentation of any of these facts would allow an officer to perform a search and make an arrest. Be aware that minor traffic violations (e.g. speeding, broken tail-light, or expired registration) are not considered probable cause.
A search incident to arrest may only be conducted when two (2) requirements have been met. First, there must have been a lawful custodial arrest. At a minimum, this requires that (1) probable cause exist to believe that the arrestee has committed a crime and (2) an arrest is actually made.
Some courts and scholars have suggested probable cause could, in some circumstances, allow for a fact to be established as true to a standard of less than 51%, but as of August 2019, the United States Supreme Court has never ruled that the quantification of probable cause is anything less than 51%.
To establish probable cause, an officer must have far more than a “feeling” or even reasonable suspicion that a person may have committed a crime. For example, a cop would not be exercising probable cause if they said “I just had a hunch that this person was hiding an illicit substance in their console.”
A judge will examine the affidavit and weigh the evidence, and if sufficient probable cause exists, sign the warrant. Probable cause is determined on a case-by-case basis by looking at the totality of the circumstances. It needs to be more than a “hunch” or a suspicion on the part of a law enforcement officer.
This means they must have specific evidence or facts that point to your involvement in the alleged offense. For example: Drug Possession: If an officer sees a small bag of what appears to be illegal drugs in plain view inside your car, this observation can provide probable cause for an arrest.
