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Arrest Without Probable Cause In Nassau
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State:
Multi-State
County:
Nassau
Control #:
US-000280
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FAQ
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.
Establishing Probable Cause for a New York Search Warrant Reliable and credible information obtained from firsthand observations by law enforcement officers, information from confidential informants with a proven track record of reliability, or physical evidence linking the location to criminal activity.
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.
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.
In California, the citizen's arrest statute states that any person may arrest another: For a public offense committed or attempted in their presence. When the person arrested has committed a felony, although not in their presence.
California Penal Code § 837 PC permits you to make a citizen's arrest if you witness a misdemeanor or felony crime or have reasonable cause to believe someone committed a felony. To do so, you must inform the person you are arresting and provide a reason for the arrest.
Writing a probable cause affidavit requires clarity and meticulousness. It should include date, time, location of incidents, involved officers, detailed description of the event, references to evidence, and witness statements.