Thursday, February 15, 2024

What is Probable Cause?

criminal defense attorney Ann Arbor

Before the police can search or seize your property or search or arrest you, they must have either a warrant or probable cause. Probable cause is established when there’s enough evidence, or there are enough facts to reasonably determine that a crime is being committed, likely has been committed, or likely will be committed.
  

To ensure that the resulting arrest or search and seizure holds up in court, the officer must be able to share the facts upon which their determination of probable cause is based. 


A common example of probable cause is when an officer pulls a driver over for a driving infraction, such as drifting in and out of their lane. If the officer then finds that the driver’s speech is slurred and their breath smells of alcohol, probable cause for a DWI arrest is likely established. 

 

When probable cause can’t be established, any resulting search and seizure activity is illegal.

 

Learn more here regarding illegal search and seizure in Michigan. 


Consult an Experienced Criminal Defense Attorney Today

If you’re looking for a criminal defense attorney in Michigan with extensive and specialized experience following an arrest, please consider calling the Ann-Arbor based practice of GLG Michigan.  (734) 263-2780

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