What is Probable Cause?
Probable cause is when a police officer has the right to make an arrest or conduct a search due to facts or evidence leading them to believe that the suspect has committed a crime.
Probable cause can result from:
1) Observation- Information a police officer obtains through their primary senses (sight, hearing and smell).
2) Expertise- Examples of this include being able to observe intoxicated behaviour, finding/noticing tools that are used in burglaries and having an objective reason to believe that an individual’s activities indicates that a crime is occurring or about to occur.
3) Direct Information- Statements given by witnesses or victims.
Probable cause must be evident for a judge to issue an arrest or search warrant. If an arrest is made without a warrant it must meet the standard of probable cause.
Any evidence that has been obtained through searches without probable cause cannot be used in court. If you have been searched or arrested without probable cause you should contact an experienced Wisconsin lawyer to learn more about your rights.
Eisenberg Law Office (ELO) – How we can help you
Attorneys at Eisenberg Law Office bring over 30 years of experience to Wisconsin criminal court cases. They are knowledgeable in criminal defense cases, personal injury cases, family and divorce law, drunk driving cases, civil litigation and more. If you are under investigation or require legal assistance, feel free to contact us at your earliest convenience for a free consultation. We value our relationship with our clients and keep them involved in the process through clear communication at each step of the way to achieve the best results.
We are available to answer our client’s questions and address their concerns immediately. We also represent individuals who have been injured in an accident or have a personal injury claim. We do not charge our clients unless we recover compensation for them and we pride ourselves on getting the best settlement or verdict attainable.
Eisenberg Law has represented clients in thousands of successful personal injury, criminal defense and family law cases. If you need a lawyer, let us help you. Contact us today.