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Probable cause is not just something that we should look out for in DWI investigations; it plays a major role in all criminal investigations. It is the standard law enforcement officers should follow when making arrests. But what is it really, and why is it important for you to know about this?
Probable Cause: What the Law Says
According to the law, probable cause is determined by objective evidence that indicates the suspect’s responsibility for the crime. This means that a police officer must have more than a subjective hunch to make an arrest or get an arrest warrant. While the law did not quantify how much evidence constitutes probable cause–since it depends on the facts of the situation–at least it must be higher than the level required for reasonable suspicion and lower than beyond a reasonable doubt.
Yes, it is confusing. That’s why the best way to understand probable cause is that its standards are based on evidence, facts, and circumstances–not just hunches or subjective beliefs. Meaning, you cannot be arrested solely because the police believe you committed a crime or you look suspicious. There must be evidence present to justify why they arrested you. Typically, police officers rely on observations and evidence that any reasonable person in their position would find convincing.
For example, in a DWI case, police officers cannot just arrest you because you were driving suspiciously. To establish probable cause, an officer will ask the driver to stop the vehicle to observe the driver’s behavior and ask questions about their circumstance. After that, the officer will administer a standard field sobriety test (SFST) and a preliminary breath test (PBT). The results of the tests, along with the officer’s inference of the driver’s behavior and response, will determine whether there is enough probable cause to make an arrest.
Arrest Without Probable Cause
If you were arrested due to mere suspicion, it is possible that you were arrested without probable cause, and your charges can be dropped as a result. It is because an arrest without probable cause is a violation of one’s Fourth Amendment rights. That’s why the lack of probable cause during arrest is one of the most potent defense strategies in criminal cases.
Always remember that although it is the police who determines the existence of probable cause to make an arrest, it is the judge who will ultimately decide whether it really exists through a hearing. During the hearing, the arresting officer must submit a sworn affidavit detailing the facts that justify probable cause, along with supporting evidence. The judge may reject the request for a warrant upon review of the affidavit. According to the U.S. Supreme Court, individuals cannot be held indefinitely without judicial review, and probable cause hearings must occur within 48 hours to meet constitutional standards.
Being aware of your rights is always advantageous to prevent unnecessary or baseless charges or harsher punishments. However, having a skilled criminal defense lawyer by your side is equally important. Having them will help you navigate the complex process of the law and fight for your rights, such as when you were arrested without probable cause. An Edgett Law attorney will help you. Call us at 972-424-0760 or go to edgettlawfirm.com/contact.
