What exactly is 'probable cause'? If the officer has arrested you before, is that considered probable cause?

Question

I was on my way to pick my daughter up from her dads house one night and as I pull up to a 3 way stop sign I notice that to left(it just happened to be the way I was turning) was a police officer approaching the stop also. So he decides hes going to flip a ***** and run my tags as he keeps on going, and decides hes going to flip another ***** and come back the same way he was in the first place. I've already pulled my self over and am closing my door as he approaches me in his vehicle. He slows down as he turns on his spot light and asks how I am by my name, then proceeds to ask about my brother and my sister. He exits his vehicle and starts asking me ??'s. Then I notice hes the one that arrested me the 1st time. That time was as shady as this time. He asks me if im driving on a suspend licsence? Yes I am officer.. Well do you mind if we search you? Yes I do, Im not a 4th waiver and I still got my rights...(Mind you the officer hasnt read me my rights or even handcuffed me yet

Answer 1

OK, the officer probably already knew your license was suspended. A simple radio call for a record check would have told him that.
That give him cause to stop you for that violation.
As far as the small talk questions about you and your family, that does not fall under Miranda. Only questions pertaining to a criminal act require a Miranda warning.
If you were arrested for driving with a suspended license, then the officer can search you. Where this gets interesting is if he searched the car. A search incidental to an arrest allows the officer to search those areas within your control or reach. Persons arrested in a car get their car searched. But you are outside of the car, so the search gets iffy. He would have justify going into the car. Actually, depending on the judge, the legality of the search could go either way.

Answer 2

If there is an arrest warrant a PO doesn't need probable cause because PC was already found when the warrant was issued. Without a warrant a PO can arrest a person for a felony offense only if he or she believes there is probable cause that the person arrested committed the felony. Probable cause exists when there is sufficient evidence to lead a reasonable police officer to believe that a crime has been committed and the person seized committed it. Sufficient evidence may come from a combination of witness statements, physical evidence and the statements of the alleged perpetrator. When a person is arrested he or she has the right to have the evidence reviewed by a "neutral magistrate" to determine if there is, in fact, probable cause to justify continuing to detain the defendant. A defendant can waive this hearing. If a defendant has been arrested without probable cause he or she will be released from custody. No criminal charges will actually be filed by the prosecutor unless, after further investigation, probable cause is developed. A police officer may be liable for damages if he or she intentionally arrests a person without probable cause. However, a PO must act intentionally, which means he or she must know at the time he or she is making the arrest that there is no basis for the arrest. There is no liability for a "negligent" arrest, that is an arrest based on poor or mistaken judgment but made in good faith. Although a PO may not be liable in this situation he or she may be disciplined by his or her department for acting negligently. Frankly, PO's are given wide latitutde for making arrests and in 20 years of criminal defense I have never even heard of a PO incurring liability for an intentionally false arrest outside of New York and L.A.

Answer 3

Probable cause, simply put, is reasonable belief that a crime has been committed. If you've been arrested before and are on a suspended license, I guess it's acceptable for an officer to question you, maybe not about your family. However he didn't arrest you...and it was ultimately your choice on whether or not he could search your vehicle (unless the officer suspects drug use, they cannot search your vehicle without your consent. If they do suspect drug use and you refuse, they'll call for the canines). He didn't arrest you, so there was no need for him to have read you your rights. You did have rights in this situation, which was for you to choose whether or not he could search your car. Other than that..it doesn't seem like there was any wrong-doing. Some cops are just shady because they have authority.

Im curious, as to what the asterisks represent after "flip a ****" and "flip another ****" etc..

Answer 4

I am no expert, at all, but I would say his personal knowledge of you and your license suspension could be considered cause to stop and question you. If he recognized you or your car, and knew that your license was suspended, then the stop and arrest might be good, i can't see any bias. You know,, these guys need to get a real job and quit bothering people who are just trying to get along. I think driving on a suspended license is an arrestable offense,, so if the search that found something was after the arrest, that would not be that great for you,, but if it was before, then you could have a case to get it thrown out....

Answer 5

He doesn't even have to have probable cause to search you. He can do so in order to make sure that you don't have any weapons so that he is safe. If he finds anything in the process you are busted. If you are a mother, I would hope that you don't do drugs. With having a child, means it is time to be a responsible and mature adult and more importantly, parent. If you do have priors, that is grounds for suspicion. It holds up in court. Why are you driving on a suspended license? You are risking not only your welfare, but you put your child in a spot that the child should not have to experience. This is beyond irresponsible. It is absurd.

Answer 6

I don't know about were you come from but in Ohio if you break the law in any manner they have the right to search you. Even if the pullover was bogus to begin with (in Ohio they don;t have to have a reason to pull you over) what they learn after the fact is not. So even though he really did;t have a reason to pull you over once he found out you didn't have a valid drivers license he had the right to search you. It sucks and I don't agree with it but it is the way it is.

Answer 7

i think if you bend the law then the officer should be able to as well..in fact i think it should be that a couple of police officers should give you a good kicking in an alleyway then lock you up. as if you ran somebody over and they were seriously injured then the insurance company would not pay out as you haven't got any. it would ruin there lives.

Answer 8

If you don't have a valid license, and the police officer knows you don't have a valid license and sees you driving, he can pull you over.