Did your officer have a probable cause to arrest?

| Dec 1, 2020 | Firm News |

Kentucky residents like you should know as much about state law as possible when dealing with a DUI arrest. This could make all the difference when facing a conviction.

One thing you should focus on is the manner in which an officer arrested you. They may claim to have had a probable cause to arrest you without a warrant, but did they?

What is a probable cause to arrest?

FieldSobrietyTests.org examines potential causes to arrest when it comes to DUI cases. First, probable cause is a requirement in the Fourth Amendment. Before police make an arrest, receive a warrant or conduct a search, they need a probable cause to do so.

So when do courts find probable cause? The officer must have a reasonable basis to believe a crime happened. Otherwise, they must believe or know that evidence of the suspected crime exists in the place they will search. In the case of DUI incidents, this is not common because the only place they can search is your vehicle.

What if an officer arrests you without a warrant?

Under exigent circumstances, an officer may arrest you without a warrant. But after they make this arrest, they must take you to a competent authority immediately. This authority decides if the officer actually had probable cause to arrest you.

If an officer eschews any step of this process, then your arrest might have violated your personal rights. In that happens, then it is a wrongful arrest. In this case, you may be able to sue for damages and wages lost during your incarceration. Such damages can include false imprisonment, excessive force, malicious prosecution and more.