Probable Cause and False Arrests

Foutris Law Office, Ltd.
Oct 19, 2015
3 min read

Probable cause is necessary in an arrest and conviction, keeping law enforcement accountable and unable to arrest just anyone. Regardless of this restriction, many people are wrongfully taken into custody and some of them even found guilty.

There are different warrants that they may be issued to signal the arrest of a person that is suspected of a crime. The court may issue the warrant without having the individual located, but it is a note to officers to take this person into custody when they find them. Other times it may be an arrest on the part of the officer in the moment of the incident where they believe there is enough cause to take the suspect in. This can be somewhat subjective since not all the evidence may be gathered and it is going off the judgment of the arresting officer which is not infallible. For an arrest to be made legally there needs to be probable cause that the individual was involved in the crime. This is a protection of citizens’ rights under the Fourth Amendment so that officers are not able to arrest anyone they wish. Probable cause is a standard that is used by officers of the law as well as the jury that will give a verdict on the crime. It is the belief that there is reason enough to suspect the person of committing or being involved in the crime, as well as the support of the situation and that this would be evident to a cautious or sensible person. It cannot be a mere hunch or disinclination towards the individual in question. Since probable cause can be subjective, many innocent people are subject to false accusations. It is up to the judge to later determine if there was reason enough for the arrest to be made. Criminal arrests against innocent people are made all the time, whether it was a person in the wrong place at the wrong time or a driver that tested with a blood alcohol level over the legal limit of .08% when they actually were below the limit. When a false arrest is committed, this may be brought to light later on as the trial continues. The lack of evidence can become clear, as well as the fact that a reasonable person would not have made the arrest. There may be enough doubt to have the charges dismissed prior to the issue going to trial or once the case is being tried, an attorney may be able to effectively demonstrate the lack of sufficient evidence. Establishing a seed of doubt in the jury is critical since they will want to be as confident as possible before a conviction. For those that are wrongfully arrested, resisting is discouraged. This may only add to the difficulty that is faced. Calling and attorney and refraining from speaking to officers is often the best choice. ABOUT THE AUTHOR: Foutris Law Office, Ltd. Based in Chicago, Foutris Law Office, Ltd. Is a reputable civil rights firm that seeks to protect citizens from having their rights overlooked. While the government is meant to be for the people and to uphold their rights, they can often be the ones that are guilty of stepping over them. A Chicago civil rights lawyer from the firm has been recognized for their knowledge and dedication to protecting their clients’ rights and freedom. They have also successfully recovered compensation for more than 95% of clients and won over 75% of their trials. For those that have been arrested for a crime they are not guilty of committing, failing to acquire exceptional defense may leave you more susceptible to being wrongfully committed. Contact the firm as soon as possible or visit their website to fill out a free case evaluation form. Copyright Foutris Law Office, Ltd. More information about Foutris Law Office, Ltd. Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.