When An Arrest Is Unlawful
When An Arrest Is Unlawful
Police officers can sometimes get carried away with the authority they are given and act beyond the scope of what is permissible, and this includes making unlawful arrests. The Fourth Amendment of the United States Constitution prohibits unreasonable search and seizure, including the seizure of your person due to arrest.
When police officers violate your rights, it can help to defend against any subsequent criminal charges you might face. This requires complex legal analysis and arguments to the court, however, so you want to have an experienced criminal defense lawyer in Montgomery evaluating what happened and presenting your defense.
Probable Cause
The police cannot arbitrarily arrest a person based on a mere hunch of criminal activity. While they may be allowed to perform what is called a “terry stop” or “stop and frisk” with reasonable suspicion, they may not make an arrest unless they meet the applicable standard of probable cause.
The United States Supreme Court has defined probable cause to exist "where the facts and circumstances within the officers' knowledge, and of which they have reasonably trustworthy information, are sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being committed."
Essentially, this means the officers must have direct knowledge - and more than a mere suspicion - based on articulable facts or information they’ve based their choice to make an arrest on. An arrest without probable cause is unlawful.
Warrants
When an officer has probable cause and the opportunity to pursue a warrant, they must submit an affidavit with the probable cause statement to the court. The judge must issue an arrest warrant, and then the police can make an arrest based on the warrant.
You may realize that warrantless arrests happen all the time - such as during a traffic stop or if the officer witnesses someone in a criminal act. If there is no opportunity to obtain a warrant, the officer can make an arrest as long as they can show:
- Probable cause
- There was a legal justification for the warrantless arrest
If an officer makes an arrest without a warrant or meeting the above requirements, the arrest is unlawful.
Traffic Stops
Traffic stops are a common origin for warrantless arrests, especially for offenses like driving under the influence or driving with a suspended license. For this type of arrest to be lawful, the initial traffic stop must also be lawful. This means the stop was based on the reasonable suspicion the driver violated the law. If the traffic stop is unlawful, so is any subsequent arrest.
Discuss What Happened with a Montgomery Criminal Defense Lawyer
The Law Office of Richard F. Matthews Jr. is experienced in handling instances of unlawful arrests in the Montgomery area. We will represent you if you’ve been a victim of unlawful arrest by a police officer acting beyond his given authority. We will use an unlawful arrest to get charges dismissed whenever possible. Don’t hesitate to contact us today, either online, or by calling 334.398.8408.
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