As a driver in Texas, an officer may one day pull you over for a traffic stop. In most situations, drivers make it out of these stops without any issue. But in some cases, an officer may believe they have reason to suspect you are driving under the influence.
In this case, an officer may use probable cause to arrest you. But what does this mean? How does probable cause to arrest actually work?
What is probable cause?
Cornell Law School defines probable cause as a Fourth Amendment requirement. Officers must meet it before gaining a warrant, conducting a search or making an arrest. Courts tend to find probable cause if an officer presents a reasonable basis for their belief that you committed a crime. In this case, it means they can submit sufficient evidence to substantiate their belief that you drove under the influence.
What happens after a warrantless arrest?
Officers can sometimes use probable cause for arrest to justify warrantless search and seizures. This is somewhat rare. If arrested without a warrant, an officer must take you to a competent authority. This authority will examine the officer’s cause for arrest and make a judicial determination as to whether it holds up to the law’s standards. The officer must take you to this authority within a short time after they make the arrest.
If arrested due to probable cause and officer suspicion, there is good news for you. Probable cause is often based on conjecture which does not hold up well as evidence. But you should still treat arrests seriously. Know your rights and discuss your options with a legal professional in the aftermath of an arrest.
