Between suspicion and certainty, there is probable cause. Probable cause is the legal standard that law enforcement must follow in order to make an arrest, perform a search, or request an arrest warrant. The defense attorneys at The Walker Firm serve residents throughout the Warner Robins, GA, area; they are committed to helping their clients better understand probable cause and the role it plays in criminal law charges.
Here, The Walker Firm shares three things to know about probable cause.
- Determining Probable Cause: A law enforcement officer has to have more than a mere hunch to establish probable cause. They must demonstrate that objective pieces of evidence led them to the conclusion that probable cause was present. In the end, however, law enforcement does not make the final determination of probable cause; that responsibility falls to the judge, who can throw out criminal law charges if they find no probable cause present.
- The Gray Area Of Probable Cause: Probable cause goes beyond suspicion but rarely enters the realm of certainty. Obviously, this is a gray area that can be confusing to suspects. If the probable cause in your case is faulty or open to interpretation, let the defense attorneys of The Walker Firm help you explore your legal options.
- Probable Cause & Consent: In the case of searches during traffic stops, law enforcement only needs probable cause to carry out the search. However, you must consent to the search before it begins, and you have a right to withhold that consent. An officer will likely not inform you of your right to refuse a search, but it exists nonetheless. And once you give consent, the search is considered legal. If you feel a search has violated your rights, contact an attorney at The Walker Firm today.
Call The Walker Firm at (478) 923-4152 to schedule a consultation with a defense attorney. You can also visit them online to learn more about their background and other practice areas. Probable cause can be a tricky subject; let The Walker Firm help you understand your rights.