Arrest Without Probable Cause In Philadelphia
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Hot pursuit: Officers can arrest and search individuals who are suspected of committing a felony. For the pursuit, officers can enter any property to search and seize evidence without warrants.
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.
A search incident to arrest may only be conducted when two (2) requirements have been met. First, there must have been a lawful custodial arrest. At a minimum, this requires that (1) probable cause exist to believe that the arrestee has committed a crime and (2) an arrest is actually made.
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.”
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.
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%.
Where do I go to file a private criminal complaint? The District Attorney's Private Criminal Complaint Unit is located at 1425 Arch St. 4th Floor, Philadelphia, PA 19102. For more information, please call 215-686-9863.
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.
