This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Arrest Without Probable Cause In Collin
Category:
State:
Multi-State
County:
Collin
Control #:
US-000280
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
The burden of proof for establishing probable cause does not demand absolute certainty or conclusive evidence of criminal activity. Rather, it requires a reasonable basis or suspicion backed by factual evidence that would lead a prudent person to believe that a crime has been, is being, or will be committed.
A peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.
There are four categories into which evidence may fall in establishing probable cause. These include observational, circumstantial, expertise, and information: Observational evidence is based on what the officer sees, smells, or hears.
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.
One instance where a lack of Probable Cause may arise is in prosecutions for Driving Under the Influence pursuant to California Vehicle Code Section 23152(a) VC and California Vehicle Code Section 23152(b) VC. Law enforcement is always on heightened alert for impaired drivers, especially at certain times and locations.
Nevertheless, probable cause is the foundation of a lawful arrest. Example: An officer pulls you over for speeding and proceeds to search your car once you consent. Say he finds drug paraphernalia and baggies filled with marijuana. The officer would then have probable cause to arrest you.
Final answer: An arrest requires the establishment of probable cause, which is a reasonable belief that a crime has occurred or will occur. Law enforcement must either observe a crime directly or gather sufficient evidence to justify an arrest warrant. Without probable cause, an arrest cannot legally be made.
Probable cause refers to a reasonable basis for believing that a crime may have been committed (for an arrest) or that evidence of a crime is present in the place to be searched (for a search).
Probable cause is what is needed to make an arrest. Probable cause is defined as guilt laden facts and or circumstances that would lead a reasonable person to believe a crime has been or is about to be committed.
Establishing Probable Cause for Arrests For example, if an officer observes someone engaging in suspicious behavior, such as repeatedly entering and exiting a building late at night in an area known for burglaries, this might contribute to establishing probable cause.