probable cause & dui

substantial justification for suspicion

The 4th Amendment to the U.S. Constitution contains two particular provisions to protect persons from unreasonable search & seizure, as well as protection from invasions of privacy, freedom, warrants, detainment, & arrest in the absence of probable cause.

So called police "hunches" are inadequate sources of probable cause, but police do not need solid proof that a crime has been committed to warrant further investigation of a matter, either.

Our law lacks a definitive benchmark for exactly what constitutes probable cause, as circumstances vary from case to case. In past appeals, the Supreme Court has ruled against cases in which rumor, sheer suspicion, and officers' "strong reasons to suspect" were the stated grounds for probable cause.

when probable cause becomes suspicious

Police Officers tend to be suspicious by their very nature; given their training and job duties, some level of skepticism or scrutinization in their demeanor is to be expected, but not enough to warrant an investigation or arrest without some identifiable behavior or action on your part that would be construed as suspicious by an ordinary and unbiased citizen.

Needless to say, a cop's nature does not constitute probable cause in a court of law. Nor does the obvious fact that an officer's duty is to detect and prevent crime, or protect and serve, as they say. The fact that the officer has the power of arrest does not constitute probable cause, either, but confuses many defendants, and even some defense attorneys. Simply stated, the cop carries handcuffs and a gun - BUT the law states he not only needs probable cause to use them, he ALSO needs probable cause to investigate and search out possible reasons to use them (cuffs).

He doesn't just need probable cause to detain and apprehend, but needs to precede any potential arrest with probable cause to invade on one's privacy, freedom, and rights in pursuit of a possible but undetermined or unknown crime. This factor is applicable to DUI when detaining or investigating a motorist with the exclusion of a quick, random checkpoint stop performed at a properly administered sobriety roadblock. Probable cause is applicable to the detection and investigation of a potential crime, and should be of significant concern to any legitimate lawyer defending your DUI case.

who, what, when, where, how and...for what cause?

An officer who cites "suspicious behavior" or "erratic driving" must be able to substantiate the behavior as "cause" before a judge or jury. The area of probable cause can be an important challenge in a DUI case, and when successful, can result in an entire dismissal of an otherwise strong evidential case for the prosecution. Oftentimes, lack of probable cause has resulted in the dismissal of all charges against our clients. Although we prepare and plan every DUI case for trial, without sufficient probable cause, the case would be dismissed during the motion phase of the litigation.

probable cause summaries

1. A situation in which specifics are known as facts, are derived from a reputable and reliable source, and are significant enough to convince a level-headed and logical person that a crime is underway.

2. A logically conclusive and careful determination that evidence or criminal objects exist on specific property or persons.

3.The cumulative result of piecing together known facts and observations that arrive at a logical and probable conclusion.

4 methods for establishing probable cause

1. Via Observation: Use of the police officer's vision, scent, audiosensory perception, and identification of criminal patterns or behaviors learned in training and in the field. An example of observation applicable to DUI might be an officer's perceived or stated observation of erratic driving behavior, unkempt personal appearance, offensive smell on the driver's breath, an uneven gait, loss of balance, and slurred speech.

2. Via Expertise: Firsthand experience that affords a predictive level of behavior in association with certain actions, ie, foreseeing a driver who is planning on evading a police stop and embarking on a high speed getaway attempt.

3. Via Circumstantial Evidence: If police receive a call reporting a hit and run accident in which your license plate number was recorded and provided in the report, and upon investigation, discover that your vehicle has been in a collision, it is circumstantially reasonable to conclude you were driving the vehicle and responsible for the damage, if no other verifiable explanation exists.

3. Via Information: Includes reliable information from trustworthy and credible sources, victim and witness accounts, interdepartmental information such as bulletins, alerts, notices, broadcasts and news conferences.

probable cause in theory

• Fleeing or attempting to evade a police officer, enough cause to justify the officer giving chase
• Secretive, concealing gestures and demeanor. Nervousness alone cannot substantiate probable cause, nor can effects from a mental condition.
• Witnessing actual evidence that is self explanatory and direct. Police are permitted to use binoculars and cameras to view acitivity and objects that they can use to establish probable cause for further action ( search, seizure, arrest, etc).
• Self admission and statements of ownership. Voluntarily showing a peace officer contraband in one's possession.
• Providing false information to an officer, relating hard to believe answers or statements, inability to corroborate one's story or alibi.
• Being in the wrong place at the wrong time, being in close proximity to the location of a crime scene, or loitering in a notoriously high crime area without a valid reason or purpose
• Associating with known criminals or prior felons
• Prior criminal convictions, arrest history, and/or probationary or parolee status that establishes a pattern and affinity for the crime in question

what led up to and resulted in your dui arrest?

If you've been arrested and charged with DUI, it is crucial that you consult with a qualified and experienced attorney regarding your arrest and the events that brought you into contact with police in the first place. A competent lawyer will pay close attention to the entire chain of events surrounding your encounter with police and DUI charges, rather than just the evidence or statements collected once in custody.

If you are facing a DUI related ordeal , please call our offices as soon as possible at 619.231.7412 for a professional consultation at no charge. We are available 7 days per week, 24 hours per day.