What Is "Probable Cause" In Florida? :: Jacksonville Criminal Defense Attorney Blog

A legal definition of "probable cause" is where an officer has reasonable suspicion supported by circumstances that are strong enough by themselves to warrant a cautious person to believe that the named suspect is guilty of committing a crime. This determination is often made by a magistrate or a judge but more frequently is made by police officers on the spot of an arrest. In reviewing whether probable cause existed the court will look at the totality of circumstances, and analyze the officer's knowledge, practical experience, special training, and other trustworthy information. See Mathis v. Coats, 24 So. 3d 1284 (Fla. 2d DCA 2010) .

If you are stopped by a police officer and questioned this is called a Terry stop and no probable cause is required. However, for a police officer to take you into custody, there he\she needs to have probable cause. If the officer gains probable cause that a crime has been committed during the initial stop, they can either arrest you or investigate further.

if you have been arrested there may be defenses to the manner in which you were investigated which my prevent you from receiving a conviction. Contact a Florida Criminal Defense Attorney to get more information

Posted by Keith L. Maynard and Michael A. Atter | Permalink | Email This Post

Posted In: Criminal Law