Arrest Without Probable Cause In Broward
Description
Form popularity
FAQ
Probable cause is not defined in Florida, but is generally understood to mean that the evidence is more likely than not that the person committed the crime. The evidence can come in the form of an affidavit, complaint or deposition of a law enforcement officer.
Reasonable suspicion - the basis for briefly detaining a person and investigating whether a crime might have occurred - would probably be somewhere around 30-40 degrees. Probable cause - needed to conduct non-voluntary searches and initiate arrests - is closer to around 40-50 degrees.
Reasonable suspicion cannot be based on hunches, intuition, or "gut feelings." Substance testing is very sensitive and has many legal issues surrounding it.
The definition of probable cause is similar to reasonable suspicion, and the two are often confused. Probable cause is the higher standard, for which more facts and clearer evidence of criminal activity must exist.
Florida law requires that the state attorney file formal charges within 30 days of the arrest if the defendant is in custody.
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%.
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.
So the victim's statement is one piece of evidence that will be considered in determining whether there is enough evidence, or probable cause, for law enforcement to make an arrest of the offender. The victim's statement could be compelling enough for an arrest.
