While police officers have a host of powers at their disposal they cannot act with impunity. They must not unnecessarily interfere with the liberty of citizens or make unfair arrests.
Before taking certain actions, such as conducting searches or making arrests, police officers must have probable cause. This is an evidentiary standard that means officers have a strong reason to believe that a criminal offense has been committed.
In practical terms, what might probable cause look like?
Examples of probable cause
Traffic offenses are among the most common types of offenses. This may include things like speeding, reckless driving and driving under the influence. If an officer suspects a driver of being impaired, they are entitled to pull the vehicle over.
A mere suspicion is not enough to make an arrest or search the vehicle though. If the officers make the stop, and the driver seems coherent and there is no further evidence of impairment, the driver shouldn’t be charged. If, however, the driver is slurring their words, smells of alcohol or can barely stand up, this amounts to probable cause. The officer would likely be justified in making an arrest.
Often, criminal investigations occur at an individual’s residence. Without probable cause or a valid search warrant, the accused doesn’t need to let officers into their home. An officer would first need to produce a valid warrant, based on probable cause. For example, law enforcement may have presented the court with evidence of criminal activity at the home, and the court signed off on a warrant.
Probable cause can occur without a warrant. For example, if police attended the scene and heard screaming from inside the residence, this would amount to probable cause.
If you were searched or arrested without probable cause, this could be a violation of your rights. Seek legal guidance to rectify the situation and formulate a defense strategy for any charges.