Probable cause is the reason or reasons police officers must have under the law in order to:
- Obtain a warrant to search you or your property
- Seize your property
- Arrest you
Your Fourth Amendment Right
The Fourth Amendment of the Constitution guarantees that all United States citizens are protected from unlawful and unreasonable searches and seizures. Probable cause is intended as a safeguard against your rights being violated as officers must establish it before proceeding with an investigation or arrest.
Establishing Probable Cause
In order to make an arrest, an officer must have specific information that demonstrates to him or her that an illegal action was taking place or had just taken place.
In cases involving DUI in Oklahoma, having a broken taillight or committing a minor traffic violation do not count as grounds for probable cause to begin a DUI investigation or to place a suspect under arrest.
Challenging Probable Cause
No matter what charges you face, your defense attorney should thoroughly investigate the probable cause the officer cited for your arrest. In some cases, your attorney may be able to challenge this, which could severely damage the prosecution’s case against you.
A Simple Process to Getting Started
Schedule a Free Case Evaluation
Schedule your free and confidential consultation with The Edge Law Firm in person, online, or over the phone. Click here to schedule your case evaluation.
Meet Our Defense Team
During your free case evaluation, you’ll have the opportunity to ask legal questions, receive professional advice, share your side of the story, and begin gathering evidence. This consultation can help you explore options and defense strategies you may not have considered and give you the peace of mind to rest easier tonight.
Start Defending Your Case
After your free case evaluation, The Edge Law Firm will provide a personalized quote for representation and begin protecting your rights immediately, with the goal of achieving a dismissal, reduction, or acquittal.
