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Arrest Without Probable Cause In Washington
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Multi-State
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US-000280
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FAQ
A: Probable cause is a legal standard used in the United States, including Tacoma, WA, that requires a reasonable basis for believing that a person has committed a crime.
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.
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.
“Probable cause” means facts that would cause a reasonably cautious officer to believe that the person had committed that crime. In determining whether the facts known to the officer justified this belief, you may take into account the officer's experience and expertise.
For example, the officer may have been called to a store after reports of a shopper acting suspiciously. If the accused is threatening to rob the store or is in clear possession of a firearm, this would give the officer the required probable cause to make an arrest.
An Adequate Cause hearing is for the court to decide whether the case meets the legal criteria for a modification and should go to trial or be dismissed.