Arrest Without Probable Cause In Riverside
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FAQ
B) Chimel v. California.
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.
Two types of arrests exist: (1) actual restraint (with or without the use of force) and (2) submission to custody.
The Search Incident to Arrest Exception This exception serves two governmental interests: (1) the need to ensure officer safety and disarm the suspect and (2) the need to prevent destruction of evidence.
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.
Yes, if an officer has probable cause to believe someone has committed a crime, they can arrest them without a search or arrest warrant'. Normally the consequence is that that person can be brought to and booked into a jail.
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.
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 an arrest, probable cause means that officers must have enough evidence or information to reasonably believe that a person has committed a crime. This could stem from direct observation of the crime, such as witnessing a theft in progress, or from reliable information, like a credible eyewitness account.
