Probable Cause



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Definition of Probable Cause

The United States Fourth Amendment establishes "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". Police offers do not have the right to stop and search your car without probable cause. Probable cause to stop a driver can include: speeding, running a red light, running a stop sign, erratic driving, or driving the wrong direction. Drivers may also be arrested after failing a field sobriety test which gives the officer probable cause to make a DUI arrest. DUI arrests made without probable cause can allow the defendant to request a suppression of evidence by the court or a dismissal of the DUI case.



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