Full question:
If the police say they have probable cause can they arrest you? Can they take your prints? Can they make you come in to the station house?
- Category: Criminal
- Date:
- State: New Jersey
Answer:
Probable cause is the level of evidence that allows a reasonable person to believe a specific suspect committed a crime. For example, if someone is found trespassing at night wearing a mask, police may have probable cause to stop and search them for criminal tools.
Law enforcement must conduct thorough investigations and use reasonable judgment before making arrests. The standards for determining probable cause are the same whether or not a warrant is involved. For warrantless arrests, the probable cause is based on the officer's information at the time of the arrest, not on information obtained later.
If probable cause existed when you were arrested, it does not matter if later evidence shows you are innocent. Factors considered in establishing probable cause include all information available to the officer, reasonable inferences from that information, and the officer's observations. Some facts that may not be admissible in court can still be relevant for determining probable cause.
According to the Fourth Amendment, a prompt judicial determination of probable cause is required after an arrest. This determination must occur as soon as reasonably possible, typically within forty-eight hours.
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.