What Are California’s Laws of Arrest?

Being arrested by law enforcement officers can be devastating, but it is crucial to understand what a legal arrest entails and your legal options in such a situation. Advocates from a California law firm explain that an arrest happens when someone in authority seizes or restrains you in relation to a crime.

The law stipulates that a police officer can legally arrest you under one of the following circumstances:

  • They observe you commit a crime
  • They have probable cause to arrest you
  • They have a valid warrant of arrest against you

Upon your arrest, what you do or don’t do can make or break your case. It would be in your best interest to contact skilled criminal defense lawyers in Los Angeles immediately. They can assess your case and advise if the arrest was legal and what to do to protect your rights.

What is Probable Cause?

Probable cause is a provision for arrest under the Fourth Amendment that guarantees your protection from unreasonable searches and seizures. It is evidence that would compel a reasonable person to believe that a crime happened or an illegal activity is ongoing in a specific location, warranting a search.

The standard requires a police officer to have a reasonable basis for arresting you. It is also a crucial factor in conducting a search, as law enforcement officers must believe that evidence is present where they are conducting a search.

Probable cause is a higher standard than reasonable suspicion but lower than the preponderance of the evidence. Generally, it implies that there must be a more than 50% chance that a crime occurred.

When Does Probable Cause Apply in California?

In California, probable cause can apply in various situations, for example:

  • During arrests, if law enforcers have probable cause to arrest you
  • When detaining you after a traffic stop
  • When police officers seek a search warrant from a judge
  • When prosecutors have you held to answer for criminal charges during investigations following a preliminary hearing

Los Angeles criminal defense attorneys say police officers can show probable cause through the following:

  • Circumstantial evidence that points to the crime
  • Reasonable deductions based on available evidence
  • Witnesses, informants, or victims
  • Police expertise, collective knowledge, and training
  • Observation such as sound, sight, and smell

In your defense, your legal team can argue that the standard was not met if these factors are missing. They can also challenge the evidence or claim it is not enough to convict you beyond a reasonable doubt. A successful defense strategy can result in the charges being dropped to prevent you from the ordeal of a trial.

What Are Some Examples of Probable Cause Violations?

Regardless of the type of criminal case you face, Los Angeles criminal defense attorneys must evaluate the circumstances of your arrest for probable cause violation. A violation of the standard could mean that the police officers obtained evidence against you illegally, which could have your case dismissed or the charges reduced.

Some examples where police officers may not have sufficient probable cause to arrest you are:

  • A police officer stops you based on a hunch that you might be driving under the influence. You exhibit no signs of impairment, but the officer brings you to the station, and a chemical test shows a low blood alcohol content. If they file a DUI charge against you, your lawyers might emphasize probable cause to have the charges dropped.
  • A law enforcement officer believes you look like a suspect, follows you home, and conducts a search where they find stolen property or paraphernalia and seize it as evidence against you. Since it was obtained unconstitutionally, aggressive criminal defense lawyers in Los Angeles can fight the charges based on violating your rights.
  • Someone wearing a blue jacket robs a store, and the police see you wearing a similar jacket a few days later. They arrest you and find something incriminating but no other evidence that links you to the crime. The court should exclude the evidence found without probable cause.

What Are My Rights During an Arrest?

If you’re accused of a crime in California, you must understand your rights and protect them. The U.S. Constitution and California Penal Code provide specific protections to safeguard against injustice and abuse:

  • The rights to know the criminal charges against you: The Sixth Amendment and California Constitution require police officers to inform accused persons of the allegations through a formal complaint or an arrest warrant. If the police don’t notify you, ask calmly and directly. Your attorney can demand in-depth information.
  • The right to remain silent: Under the Fifth Amendment, you don’t have to provide answers when police question you to avoid incriminating yourself. You must be informed of this right, or your statements will be inadmissible in court.
  • The right to legal representation: You have the right to an attorney under the Sixth Amendment and California law. Legal representation is your first defense against a harsh prosecution when facing criminal charges. If you must answer questions during interrogation, it’s best to do so in the presence of a legal expert in criminal charges.

A Skilled Criminal Defense Attorney Helping You Understand the Role of Probable Cause in Criminal Arrests

Your rights during an arrest matter to ensure you challenge unfair practices and protect your freedom. Probable cause is a standard that can protect you against unfair arrest, search, and seizure procedures by law enforcement officers. If you’ve been arrested and believe the police lacked probable cause, consult skilled Los Angeles criminal defense attorneys.

The Miranda Rights Law Firm in California hosts knowledgeable criminal defense lawyers. We can evaluate your case specifics to determine if your rights were violated during arrest or search. We can challenge the procedure to have the charges dismissed or reduced. Call us at 213-255-5838 to schedule a FREE case assessment.