The Scruggs Law Firm has extensive experience in the criminal justice field. The policies and procedures regarding your detainment or arrest are crucial. There are certain rights and freedoms afforded to each U.S. citizen when accused of a crime. These rights should be kept in mind if you or a loved one are ever accused of a crime.
Reasonable Suspicion v. Probable Cause - In order for a citizen to be lawfully stopped, an officer must have reasonable suspicion that you may be committing a crime. Reasonable suspicion can be inferred from certain actions observed by law enforcement. This may include, smells, observing an illegal turn, or getting a reliable tip that a crime has been committed. Probable cause refers to law enforcement having sufficient evidence of a crime following an investigation. This is particularly important with alleged drugs or alcohol crimes.
Arrest - After proper probable cause is established, the officer may legally arrest you. If probable cause is not established, the arrest is improper. If the arresting officer did not have reasonable suspicion and probable cause, it may be possible for you to get your charges dropped.