Arrest Without Probable Cause In Pennsylvania
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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.
For example, if a crime is committed in an officer's presence or if there are circumstances like a risk of evidence destruction, an arrest can be made without a warrant. These exceptions are rooted in the need for immediate law enforcement action to prevent harm or secure justice.
Definition of Probable Cause An officer of the law might have probable cause to:: Make an arrest if they have access to evidence that would convince a “reasonable person” that a crime is being committed, or is about to be committed, by a particular person; or.
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.
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.
Complete the private criminal complaint, providing a thorough and detailed explanation of the facts and circumstances that cause you to believe a crime was committed and what crime or crimes you are alleging were committed. Secondly you must complete a Private Criminal Complaint Information Form.
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%.
