Arrests | Michigan Criminal Defense Attorney
If a police officer deprives you of your liberty by detaining you and limiting your freedom of movement, an arrest has occurred. Oftentimes, this occurs when an officer takes you into custody against your will for prosecution or for interrogation. The key to an arrest is to determine whether you submitted, either voluntarily or involuntarily, to the exercise of police authority. It is not necessary to be in handcuffs, in a police car or at the police station to have been arrested.
A police officer can typically arrest you when: 1) she personally observes you committing a crime; 2) when she has probable cause to believe you committed a crime or will commit a crime, or 3) when she has a valid warrant for your arrest. There are ways to challenge the legality of an arrest; each case is different and requires an intensive evaluation of your particular circumstances and the law.
What is Probable Cause? Probable Cause in Michigan
Probable cause is a legal standard prescribed under the Fourth Amendment of the U.S. Constitution, which limits the circumstances under which an officer may make an arrest. The Fourth Amendment states:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The probable cause standard is in place to protect everyone. An officer may not arrest individuals at random due to a hunch or an unidentifiable suspicion of criminal activity. This protects not only those who do in fact engage in criminal behavior, but also those who are innocent of any wrongdoing, and those who officers may discriminate against, such as minorities.
Inadmissible Evidence Resulting From a Lack of Probable Cause in Michigan
If probable cause is lacking, a criminal defense attorney can challenge the arrest and any subsequent evidence, if any, obtained as a result of the arrest. If successful, evidence seized during the arrest may be suppressed and a defense attorney may be able to dispose of the case with a dismissal.
Speak with Our Michigan Criminal Defense Attorneys
If you have been arrested and/or charged with a crime and would like to learn about your criminal defense options, our criminal defense attorney would be glad to meet with you during a consultation at our Troy, Michigan office.