Factors That Establish Probable Cause for Arrest

The police cannot arrest you based on mere suspicion, even though they may feel strongly about your guilt. In most cases, the law requires police officers to have an arrest warrant.

There are times, however, when the police may legally arrest someone without a warrant. In such circumstances, an officer must establish “probable cause”, or the arrest becomes unlawful. Factors that establish probable cause for arrest include:

Observable Evidence

One of the easiest ways to establish probable cause is through observable evidence, or observations that police recognize as a familiar pattern of criminal activity. Driving around an area repeatedly is a good example of observable evidence. Staggering and other signs of intoxication are other examples.

Tips from Victims or Witnesses

Sometimes, the police are given information by witnesses or victims of a crime. The police are legally allowed to use this information (hair color, physical build, etc.) to identify suspects.

Physical Resistance

Physically resisting an officer is a punishable crime. When being questioned by a police officer, it is best to remain calm and use your right to remain silent. Do not be combative. You definitely shouldn’t run away if the police attempts to talk to you.

If none of these factors were present during your arrest, be sure to let a criminal defense attorney know. An experienced attorney can use unlawful arrest to have your case dismissed even before going to court.