What constitutes probable cause for an arrest?
Everyone makes mistakes, even police officers. If you have been arrested without a warrant, you need to know the factors considered before police can make that arrest. You could challenge that arrest if you feel that the police did not have probable cause to arrest you.Test for Probable CauseA police officer has to know of circumstances and facts that would be sufficient to warrant a reasonable person to believe a suspect has committed, is committing or is about to commit a crime. A police officer having a hunch that someone committed a crime does not rise to the level of probable cause; a suspect’s grandmother giving a reliable tip to a police officer would rise to the level of probable cause.Arrest with WarrantA police officer must obtain an arrest warrant to execute an arrest in a home. In order to obtain an arrest warrant, an officer must show probable cause.Role of JudgeThe officer presents his case before a judge.
