Understanding the Legality of an Arrest
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by: Steve Johnson
Word Count: 488
Date: Fri, 3 Jun 2011 Time: 5:35 AM
Facing an arrest for a criminal charge may be the worst thing to happen to you. What do you do in such a situation? How do you know whether it is a legal arrest or not? Many questions, and doubts, cloud the mind at such times. It is better to get in touch with a criminal defense attorney to understand this legal procedure – arrest.
If a police officer questions you with regard to a specific matter, it may or may not lead to an arrest. Only when the officer detains you or takes you to the police station for booking, it is an arrest. Whether it is legal, or it is a violation of your civil rights, depends on the existence of the ‘probable cause’.
As per the directives of the Fourth Amendment of the U.S. Constitution, the law enforcement may conduct an arrest only in the existence of the probable cause. What is this ‘probable cause’? The existence of enough evidence to establish suspicion of a criminal activity is known as the probable cause.
Why is it important? The objective of this legal directive is twofold –
1. It helps protect the populace from unnecessary harassment (unlike in countries where people can arrest just on suspicion) and any violation of their civil rights
2. It helps protect the law enforcement officials from lawsuits (if the officer acted in good faith, and there was probable cause, the arrested individual could not bring a lawsuit even if the court decided in his/her favor)
How is it established? There are no rigid guidelines pertaining to the existence, or non-existence, of the probable cause. Usually, it can be established if –
The officer’s observations suggests criminal activity
The officer has factual evidence
The officer is working on information derived from resources
The officer has circumstantial evidence to suggest criminal activity
The officer has the expertise to detect signs of criminal activity
The flexible nature of this directive makes it possible for your Miami Florida criminal defense attorney to challenge it. If your legal counsel is capable of proving that there was no probable cause for arrest, the court may decide to dismiss the case, or admit evidence related to this arrest.
Who decides on the existence of this? The court has the final decision with regard to the existence of probable cause. If a competent Miami criminal lawyer can investigate the matter and present enough evidence, it may be possible to get the court to deem your arrest as unlawful. This is the first method many defense lawyers use in criminal cases.
About the Author
Steve Johnson, a legal columnist working with a magazine, offers practical suggestions for handling criminal law issues. If you are looking for a Miami Florida criminal defense attorney, she recommends you to visit http://www.dczlaw.com/
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