Probable Cause refers to the standard by which a police officer has the right to make an arrest, conduct a personal or property search, or to obtain a warrant for arrest. This term comes from the Fourth Amendment of the United States Constitution:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
What's important to note here is that the 4th Amendment is worded specifically to protect"the rights of the people," and that means every person accused of a crime has the right tochallenge an arrest. Every arrest has its own story and background that may not be obvious just from hearing the police's side; you need an experienced criminal defense lawyer to fight for your rights and make sure that Probable Cause was present when you were arrested.
If it wasn't, Richard A. Stern will file motions on your behalf asking the Court to suppress the evidence against you.
Fill out an Online Consultation or call us at (305) 274 - 5777 and Richard Stern will discuss your case with you personally. Contact us today so we can get started investigating the charges and planning your defense.