Arrest Without Probable Cause In Florida
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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.
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.
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.
The listing of “no probable cause” means that whatever action was performed, be it arrest, search, seizure etc… there was no cause prior to its occurrence and as such anything seized, seen or persons arrested as a result are not generally admissible in court and anything that stemmed from it cannot be used.
Probable cause is generally understood to be a reasonable basis for a prudent person's belief that a crime has been committed (in the case of an arrest) or that evidence of a crime is present in a given place (in the case of a search).
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.
