Archive for the ‘Criminal Defense’ Category
False Arrest and Probable Cause
July 9th, 2015To understand a false arrest, probable cause must be understood first. Probable cause is the minimal standard by which all criminal arrests must be made. Since 1948, probable cause has been defined by the United States Supreme Court as: “more than bare suspicion: probable cause exists where the facts and circumstances within the officers’ knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed.” Brinegar v. United States, 338 U.S. 160, 175-76 (1948). As most civil rights lawyers will tell you, probable cause is a very low standard. […]