Seattle Criminal Attorney | Probable Cause Defined
In the realm of DUI law, probable cause is everything. It is essential for a justifiable apprehension, and everything cops do, especially when it comes to DUI accusations, is done to assemble an adequate amount of proof to rationalize probable cause. But what is probable cause? It is a bit of an shapeless thing, never having a bright line authoritative state of being. As one renowned Supreme Court Justice put “I understand it when I see it.” Now hear it described from a Seattle criminal attorney.
Before I begin my picture of probable cause, particularly as it relates to DUI accusations, I want to point out that this piece is for educational purposes. If you are charged with a DUI, please phone a Seattle DUI attorney for conference on your particular set of circumstances. Do not rely on this as legal advice, as each case is so factually different individual counsel is required.
Probable cause is generally viewed as a mixed query of law and fact. It requires substantial proof and a legal determination of probable cause. Extensive evidence requires “a satisfactory amount of evidence in the record to influence a fair-minded, normal individual of the legitimacy of the finding.” It is the who, what, when, and where of the study.
For instance, let’s pretend we have a man driving around in Seattle subsequent to having drank numerous cocktails. He is stopped by a police officer for speeding – 37 in a 25. He is otherwise driving ordinarily, including pulling off to the side of the highway in a responsible manner. At this instant there likely is no probable cause for criminal, although there is probable cause for speeding. But what if when the police officer approaches the driver he smells a strong odor of booze and his eyes were watery and bloodshot. This may rise to the quantity of sizeable evidence of DUI.
The second element of probable cause is whether the evidence confirm a legal conclusion of probable cause. In essence, do the evidence as identified corroborate a reasonable belief that a crime has been committed. In this case, perhaps so, perhaps not. People are permitted to drink and then drive (just not when impaired by liquor), and the watery eyes may be explained away by something else.
So, what if the police officer then asks the driver to complete field sobriety tests (which you are capable of and must always refuse to do in the State of Washington) and he does, failing to tap his finger to his nose, failing to balance on one leg, and failing to touch heel to toe in a walk and turn check? Is that adequate for an cop to draw a practical finding that the driver was driving under the influence of booze? Almost certainly. It is undoubtedly a stronger situation for the cop (although not authoritative – injuries and weather circumstances may have been a factor, for example).
Now, why is this essential for you, the usual Seattle voter, and why am I talking about it here on the Seattle Criminal Attorney Blog? Because it is vital to understand that whenever a cop stops you and begins to question you he is not disturbed with your safety (excluding in those obvious situations) and is ordinarily trying to collect enough data from you to establish probable cause. And it is even more essential to understand it is within your Constitutional rights to decline to give him data he will in the end utilize against you (despite the fact that you should make available your license, registration, and act politely to the officer).
If you do discover yourself likely to be captured for criminal, talk to the police as little as possible by saying no courteously (“I’d respectfully decline to answer that question”) and if things continue to heat up request to have a minute to contact your Seattle criminal attorney. Even if they get you to say stuff your Seattle criminal attorney will have a good chance of getting it thrown out (you should never waive our rights, for your information).
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