"Probable Cause" for Arrest Standard
"Probable cause" is the standard required for a law enforcement officer to make an arrest as it relates to DUI or other criminal charges. Although there is no standard explicit definition of probable cause, the standard is judicially recognized based on the merits of any given case. This standard originates from the Fourth Amendment Rights under the United States Constitution. Probable Cause" provisions also exist under Arizona DUI and Criminal Laws as well.
Evidence that Constitutes "Probable Cause" for DUI Arrest
"Probable Cause" requires "a reasonable belief" that a crime took place. This may include more substantiated evidence, or circumstantial information, enough to justify making an arrest for a DUI or crime. . It's been referred by some legal scholars as the middle ground of standards because it is 1) higher than "reasonable suspicion" but 2) Lower than "clear and convincing evidence". An officer cannot arrest an individual, merely because they "have a hunch". The exception to this, would be if the police already had an outstanding warrant for the person's arrest. Otherwise, police must be able to support the likelihood that the suspect committed a crime or was in the progress of committing a crime. Such evidence may include, but is not limited to:
DUI arrest - no "Probable Cause" Defense Lawyer, Phoenix AZ
Having no "Probable Cause" for arrest is a common area of challenge by the Law office of James Novak, PLLC. If you have been arrested without probable cause, it is a violation of your constitutional rights because the arrest was unlawful. If you face active DUI charges in Maricopa County, Phoenix Metro, or East Valley, contact the Law Office of James Novak. If retained, will evaluate your case and determine if any of your constitutional rights were violated and defend your charges. James Novak, Attorney at Law, is a former Maricopa County prosecutor and experienced trial lawyer for criminal and DUI charges. He will work to get you the best possible outcome in your case. Call (480) 413-1499 for a Free Consultation today! .