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.
