Attorney Scott A. Rubenstein
In America, everyone is considered innocent until proven guilty. However, we can be arrested due to probably cause, a complicated and very involved concept. The Fourth Amendment provides that “no warrants shall issue, but upon probable cause.” What determines probably cause?
Police Training: If law enforcement recognizes something going on as criminal activity, such as hand signals or running from police. If you have been pulled over for a DUI, the officer will continue to watch your every move to gather evidence.
Observance of Actions and Behaviors: Can law enforcement smell, see or hear anything to lead them to arrest by probable cause? Did the officer show up to an accident and the defendant appear intoxicated and admit to driving the vehicle? Or, if you ran a red light and were pulled over and THEN the officer smelled alcohol it would be probable cause.
Third Party Information: Were there eyewitnesses or police broadcasts that would lead to grounds for probable cause? Did someone see you do something and call police?
An arrest does not prove that the crime was committed. If you are arrested and police truly had no probably cause to pull you over, your criminal defense attorney can bring a motion to suppress, which can result in the entire case being thrown out.
Law enforcement will need to prove that probably cause exists in every case which is good news for a defense case. A good criminal defense attorney can argue that there was, in fact, no probable cause and that an arrest was fictitious, even illegal. Thus, any evidence gathered at the scene are to be thrown out of the case.
The Bottom Line: Probable cause is such a grey area that with the help of an experienced criminal defense attorney strong and compelling arguments can be built for a defense case. Keep my number handy and whether this is the first time you are facing criminal charges or you have prior convictions, you can be assured that I will work relentlessly to obtain the best possible outcome of your case. 513-260-2099