Law enforcement must follow the law when stopping or arresting drivers. There are two different legal standards that apply to OVI stops and arrests: Reasonable Suspicion and Probable Cause. Reasonable suspicion is acceptable suspicion that a crime has been, is being, or will be committed. It is a reasonable belief based on facts or circumstances and [...]
Law enforcement must have probable cause to stop, detain, or arrest you for a DUI. Probable cause simply means that enough reliable information exists to support a reasonable belief that a person was operating a motor vehicle while under the influence. Did police officers observe you driving as if impaired— swerving across the road, driving erratically, [...]
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 [...]