Police officers must use probable cause to conduct a lawful search, make an arrest, or obtain a warrant. In a DUI case, the officer must have reasonable suspicion and probable cause to make an arrest.pa probable cause laws
To establish probable cause, an officer must have far more than a “feeling” or even reasonable suspicion that a person may have committed a crime. For example, a cop would not be exercising probable cause if they said “I just had a hunch that this person was hiding an illicit substance in their console.”
Probable cause has a slightly higher standard than reasonable suspicion, but certain laws in Pennsylvania have controversially opened the doors for potentially unlawful or unwarranted arrests. One of those laws was thankfully overturned in 2020, but plenty of unlawful DUI arrests are still made across the state.
If you were arrested for DUI in Pennsylvania, you need an attorney to ensure that your arrest was lawful. Your charges may be dropped if evidence demonstrates that you were wrongfully arrested due to poor police behavior.
Call Pennsylvania DUI attorney Steven Kellis today at (215) 543-6566. In the meantime, keep reading to learn the differences between lawful and unlawful police conduct based on probable cause.