Getting arrested and posting bail is rarely expected, and that makes it a jarring experience. While the arrest may come unexpectedly to the person getting arrested, the police have a calculated and strong reason to arrest you. Below, learn about the factors necessary for making an arrest and what allows for probable cause.

What Makes an Arrest Legal?

The term “probable cause” dates far back into our history, appearing in the Fourth Amendment of our U.S. Constitution. In the amendment, it’s declared that the police cannot search private property, seize evidence, or arrest an individual without probable cause. Although this amendment was established before a system of posting bail was universally accepted, probable cause is just as important today as it was before bail bond agents were commonly involved in the criminal justice system.

Probable cause is much more than a hunch, although it can be based upon an officer’s observations. The officer can use his senses of sight, hearing, and smell to establish probable cause. For example, some states allow an officer to make a DUI arrest in cases where the subject looks visibly drunk to the officer. Additionally, statements from witnesses and other informants can be used as a basis for supporting probable cause. The officer can also cite his knowledge of certain factors, such as gang signs, a suspect’s criminal history, and the presence of criminal paraphernalia in establishing probable cause.

What Warrants Probable Cause? 

It’s preferable for a police officer to present their case for probable cause to a judge and to apply for an arrest warrant. This provides an extra layer of protection for the police. An officer can arrest a suspect with a “good faith” belief that they have probable cause to make the arrest without a warrant, but a judge will make that final determination.

As an attorney helps the suspect arrange a hearing for determining a bail bond amount, he will look at the elements that the officer cited as probable cause. If there isn’t a strong enough reason to support the arrest, the attorney may petition the court to dismiss the charges. In cases where the arrest wasn’t supported by probable cause, the attorney may even file a false arrest lawsuit against the officer and police department.

If you are ever arrested, posting bail will be your first priority, because it will allow for your release. Since bail amounts can range from a few hundred dollars up to tens of thousands of dollars, you may need the help of Godfrey Bonding. Located in Canton, GA, they can help you arrange for bail in exchange for a much smaller fee than you would have to pay to the courts. They serve defendants throughout Cherokee County, and they can be reached 24 hours a day. To request bail service, contact them via their website, or by calling (770) 479-5230.