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Arrests in Georgia Require Probable Cause by Law Enforcement

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While fairly easy to define, the determination of legal Probable Cause in any particular case depends on the facts and circumstances of the case. A Georgia Criminal Defense Lawyer can help a client argue to the court that probable cause did not exist in their case.

Probable Cause comes into play in several situations in criminal cases:

1. Arrest Warrants – A magistrate judge must find probable cause exists to issue a warrant for someone’s arrest.

2. Search Warrants – Again, a magistrage must find that it is more probable than not that criminal activity is occurring.

3. Circumstances That Do Not Require a Warrant – For example, if police observe someone walk into a known drughouse and walks out with a cellophane wrapped package, the police might then have probable cause to stop and potentially arrest that person.

The issue of Probable Cause comes up frequently in Georgia DUI Arrests. For example,once the officer has observed a driving violation and the driver submitted to roadside sobriety testing, the issue becomes whether or not the officer had Probable Cause to arrest the person for DUI / DWI.

It is important to understand that the Reasonable Articulable Suspicion for the initial stop is not the same as Probable Cause to Arrest.  The threshold for what constitutes a Reasonable Suspicion is less than the threshold for what constitutes legal Probable Cause in Georgia.

At Breakfield & Associates, Attorneys, our Georgia Criminal Defense Attorneyswelcome any questions on Criminal Defense and Georgia DUI laws. Please Call or Email us with any questions.  Your initial consultation is free and confidential.

About the authors: John Breakfield and David B. Purvis are Georgia Lawyers with Breakfield & Associates, Attorneys in Gainesville, Georgia and handle various DUI / DWI, Boating Law, Marijuana Arrests and other Georgia Criminal Defense matters. The law office of Breakfield & Associates, Attorneys can assist clients through out Georgia including: Hall County, Oakwood City Court, Gainesville Municipal Court, Flowery Branch Municipal Court, White County, Lumpkin County, Gwinnett County, Dawson County (Dawsonville), Habersham County (Clarksville, Demorest, Cornelia), Banks County (Homer) and all of Northeast Georgia.

This article and video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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