Understanding the Legality of Arrests

The team at William Weinberg is dedicated to ensuring that you understand the intricacies of arrest procedures and your rights under the U.S. Constitution. When facing the power of law enforcement, recognizing the legality of an arrest is critical, and it's grounded in the concept of "probable cause" as dictated by the Fourth Amendment.

An arrest signifies a person being taken into police custody, when they are no longer free to leave the presence of law enforcement. To conduct an arrest legally, police must have probable cause—a belief based on facts and evidence—that a crime has been committed and the person in question is responsible.

The merit of probable cause is a safeguard against arbitrary detentions and is a check on law enforcement power, ensuring that individuals cannot be deprived of their liberty without a substantive reason. Here are some established tenets surrounding probable cause:

• Police officers must demonstrate objective facts that create a reasonable belief a crime has been committed by the suspect. Subjective assertions, such as "I had a feeling," do not suffice to establish probable cause.
• Final determination of probable cause rests with judges, not law enforcement. Even with strong conviction by officers, without a judge's agreement, probable cause may not be substantiated.
• Probable cause is measured at the time of the arrest, meaning the police are protected from subsequent legal claims of wrongful arrest, provided their initial arrest was informed by what appeared to be probable cause at that time, even if the accused is later found innocent.

The essential question then is, what amount of evidence is needed for police to secure a judge's approval for an arrest warrant or to justify an arrest without a warrant? Probable cause necessitates more than bare suspicion but less than the evidence required for conviction. No fixed definition exists; thus, judges must interpret probable cause on a case-by-case basis, taking into consideration:

• The framers' intent in the Fourth Amendment regarding probable cause.
• Preceding judicial rulings under comparable circumstances.
• Balancing law enforcement privileges against the rights of the accused.

Each judicial ruling on probable cause, whether granting a warrant or determining the legality of an arrest, serves to refine its interpretation.

At William Weinberg, we stand ready to offer you legal guidance on matters concerning arrests, probable cause, and your constitutional protections. To discuss your specific situation and understand more about your rights, reach out to us at (949) 474-8008 for a Free Consultation. Our experienced attorneys are committed to advocating vigorously for your rights and ensuring justice is served.