Can the Police Arrest Me Without Probable Cause?

Understanding Your Rights Under Florida Law — Why You Need an Attorney If You've Been Arrested Without Probable Cause

As a Florida criminal defense attorney, I've had many clients ask me the same question: Can the police arrest me without probable cause? It's a valid concern. Being arrested can feel like a nightmare, especially when you're unsure whether the police even had the right to arrest you in the first place. But it's important to understand your rights under Florida law, and what you can do if you believe your arrest was unlawful.

In Florida, the law is clear: police cannot arrest someone without probable cause. But just because you were arrested doesn't mean the police always had the right to do so. In this article, I'll explain probable cause, provide the relevant statutes that govern arrests, and give you insight into possible defenses that may apply. Plus, I'll share an example of a real case where I won and what I did to successfully challenge the arrest. If you've been arrested without probable cause, you need to understand why it's critical to hire an attorney who knows how to protect your rights.

What Is Probable Cause?

Probable cause is a legal standard that must be met before an officer can make an arrest, conduct a search, or obtain a warrant. In essence, it means that law enforcement must have sufficient facts or evidence to reasonably believe that:

1. A crime has been committed, or
2. The person is committing a crime.

Probable cause is more than just a "gut feeling" or suspicion. The officer must have facts or circumstantial evidence to back up their belief that the person they are arresting is involved in criminal activity.

Under Florida Statutes § 901.15, an officer may arrest someone without a warrant if they have probable cause to believe the individual has committed or is committing a crime. Here's the relevant language from the statute:

Florida Statutes § 901.15(1):

"A law enforcement officer may arrest a person without a warrant if the officer has probable cause to believe that the person has committed or is committing a criminal offense."

This means that the officer can't just arrest you because they think you look suspicious or because you have a criminal record. There needs to be a concrete reason for the arrest based on specific facts.

How Probable Cause Is Established

For the police to arrest you without a warrant, they must establish probable cause. This often happens through:

• Witness testimony: If a witness sees you commit a crime and provides that information to the officer.
• Physical evidence: If police find drugs, stolen property, or other evidence that links you to a crime.
• Circumstantial evidence: If the officer sees you acting suspiciously in an area known for criminal activity, or you match the description of a suspect, they may have probable cause to stop and arrest you.
• Confession: If you admit to committing a crime, that can establish probable cause.

But the problem comes when police don't have clear evidence. Sometimes, arrests are made based on assumptions or misinterpretations of the law.

Florida Statutes on Arrests and Probable Cause

Several statutes in Florida directly address the concept of probable cause and the rights of individuals during arrests:

• Florida Statutes § 901.15(1) allows an arrest without a warrant based on probable cause.
• Florida Statutes § 901.19 outlines the process of making an arrest, including the officer's duty to inform the arrestee of the offense for which they are being arrested.
• Florida Statutes § 901.20 explains what happens if a person is arrested without a warrant but has a right to a prompt judicial review.

If you've been arrested without probable cause, these statutes become essential. A private attorney can examine the police report, review whether there was a valid reason for your arrest, and challenge the arrest if your rights were violated.

Defenses Against Arrest Without Probable Cause

If you were arrested without probable cause, there are several potential defenses that a criminal defense lawyer like myself can raise in your case:

1. Illegal Detention – If the police did not have a valid reason to detain you in the first place, the arrest may be unlawful. For example, if you were stopped by an officer who didn't have a reasonable suspicion that you were involved in criminal activity, that could be a violation of your rights.
2. Lack of Evidence – If the police did not have any clear evidence linking you to a crime, the arrest could be challenged. This is particularly relevant in cases where the officer relied on vague or non-specific reasons for arrest, such as "suspicious behavior" without further explanation.
3. Violation of Miranda Rights – If you were arrested but not informed of your rights (Miranda warnings), any evidence obtained afterward may be inadmissible.
4. Unlawful Search and Seizure – If the police conducted an unlawful search (i.e., without a warrant, probable cause, or your consent), it could be grounds to have the arrest and any evidence collected dismissed.

Real-Life Example: A Case I Won

Let me share a real-world example of how challenging an arrest based on lack of probable cause worked in my favor for a client.

My client was pulled over for a minor traffic violation. The officer claimed that my client appeared "nervous" and "unusual" when asked about their destination. Based on these observations, the officer proceeded to arrest my client for possession of a controlled substance after allegedly finding drugs during a search of the vehicle. The officer didn't have any probable cause to believe my client was involved in drug-related activity before the stop.

After reviewing the case, I argued that the officer didn't have valid grounds to stop my client in the first place. The only justification for the arrest was my client's nervousness, which is not a crime. Additionally, the search was conducted without clear consent or a valid reason. I filed a motion to suppress the evidence obtained from the search, and the court agreed to throw out the case due to lack of probable cause.

This was a huge win for my client, and it shows why it's crucial to challenge an arrest when the police fail to follow the law properly.

Why You Need a Private Attorney

If you've been arrested without probable cause, the stakes are high. While some people assume that the system will automatically throw out an arrest that was made improperly, that's not always the case. Prosecutors often press forward with cases even when the arrest was questionable.

A private attorney can:

• Review your case for weaknesses in the police's reasoning.
• File motions to suppress any evidence obtained from an unlawful arrest.
• Investigate the facts thoroughly to uncover the truth.
• Fight for the best possible outcome, whether that's a dismissal of charges or a reduced sentence.

I understand the law and how to leverage it to protect your rights. Police sometimes make mistakes, or they overstep their boundaries. My job is to make sure those mistakes are exposed in court and to fight for your freedom.

If you've been arrested without probable cause, you have options. Don't let a wrongful arrest ruin your life. Contact me today to ensure your rights are protected and to begin fighting for your future.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

FAQs – Arrests Without Probable Cause in Florida

Can the police arrest me without any evidence?

No, the police cannot arrest you without some form of probable cause, which generally requires evidence or reasonable suspicion. Simply being in the wrong place at the wrong time or looking "suspicious" isn't enough. If you were arrested without solid evidence or reasonable grounds, there may be a case to dismiss the charges.

What is the difference between reasonable suspicion and probable cause?

Reasonable suspicion is the standard for an officer to stop or detain you temporarily. Probable cause is required for an arrest and involves more concrete evidence. While reasonable suspicion is based on limited facts or observations, probable cause requires that the officer has enough evidence to believe a crime has been committed or is being committed.

What happens if I was arrested without probable cause?

If you were arrested without probable cause, you may be able to have the charges dismissed or have evidence excluded from trial. This could lead to a favorable outcome in your case, but you'll need an experienced lawyer to challenge the arrest and provide the necessary legal arguments to protect your rights.

What can I do if I feel my arrest was unlawful?

If you believe your arrest was unlawful, you should contact an attorney immediately. An attorney will review the circumstances surrounding your arrest and file the appropriate motions to suppress any evidence obtained illegally. This could result in the charges being reduced or dismissed altogether.

Is it possible to have an arrest made without probable cause thrown out?

Yes, it's possible. If the arrest was made without probable cause, your attorney can challenge the arrest and request a motion to suppress any evidence. In some cases, this can lead to the charges being dismissed entirely.

Can a police officer arrest me if they didn't inform me of the reason for my arrest?

Under Florida law, the officer is generally required to inform you of the reason for your arrest. If they failed to do so, this may be grounds for challenging the arrest. The police are required to follow the law, and if they fail to do so, a skilled attorney can use that to your advantage in your defense.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation 

If you've been arrested without probable cause, you have options. Don't let a wrongful arrest ruin your life. Contact me today to ensure your rights are protected and to begin fighting for your future.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.