Full question:
I was arrested for DWI in December walking into a bar. Now my brother just got a DWI while he was at work as a bartender when he moved a customers car 1 block to a municipal parking lot, something he has done for years as a service to those that are too impaired to move their car to overnight parking. This officer was involved in both arrests. My brother is one of my witnesses in my DWI. Is there any harassment or witness tampering cases to support. My case looks like it will be dismissed because of an illegal stop. We both refused a breath test.
- Category: Drivers License
- Subcategory: Influence of Alcohol
- Date:
- State: Minnesota
Answer:
Probable cause is the level of evidence needed to justify accusing someone of a crime based on reliable facts. For instance, an officer may claim probable cause for attempted theft if someone is found trespassing late at night wearing a mask. Law enforcement must conduct a thorough investigation and exercise reasonable judgment before making an arrest. The standard for probable cause is the same for warrantless arrests as for those with a warrant. It is determined by the information the officer had at the time of the arrest, not by later findings.
If probable cause existed at the time of your arrest, proving your innocence later does not make the arrest unjustifiable. The officer's observations and the information they possessed are crucial in determining probable cause. According to the Fourth Amendment, a prompt judicial determination of probable cause is required after a warrantless arrest, typically within forty-eight hours.
In a relevant case, an officer had probable cause to arrest a motorist for driving under the influence based on symptoms like bloodshot eyes and slurred speech, as well as failing a field sobriety test (Christman v. Pietrzak, No. 08-11493, 2008 U.S. App. Lexis 21733 (11th Cir.)). Additionally, the entrapment defense applies when a law enforcement officer induces someone to commit a crime they wouldn't have otherwise committed. However, merely providing the opportunity to commit a crime is not entrapment. The defense of 'outrageous police conduct' is similar but less defined, focusing on police misconduct that could lead to an acquittal if proven.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.