In this country, suspects are innocent until proven guilty; but that doesn’t mean you can’t be arrested on probable cause. So what exactly is “probable cause,” anyway? Probable cause is a complex and involved concept which has been litigated for decades and has been the subject of hundreds of appellate opinions, including many United States Supreme Court cases. However, the following points have all been described as being part of the probable cause determination:
1. Police Training
Anything that a police officer has been trained to recognize as criminal activity (for example, hand gestures or graffiti tags) can be qualified as contributing to probable cause.
2. Observing Behavior and Actions
Anything an officer can observe through sight, hearing, or smell can fall under probable cause analysis.
3. Circumstances Particular to a Case
This is definitely a tricky one that is difficult to prove in court. Basically, it’s when there is an implication (but no proof) of a crime given the circumstances of the situation.
4. Third Party Information
Information sources such as eyewitnesses or police broadcasts can contribute grounds for probable cause.
It’s important to note that a criminal arrest does NOT prove that a crime was committed. If you are arrested on probable cause, assert your right to remain silent and contact Gabriel L. Grasso, the most qualified criminal defense lawyer in Las Vegas, at (702) 868-8866.