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Probable Cause Archives

Probable Cause Established by Observation of Speeding

There must be probable cause or reasonable suspicion for a police officer to initiate an investigatory stop of a vehicle. Absent a warrant for a search or arrest, there must be some basis known to the officer for believing an occupant of a vehicle may have committed or may be about to commit a crime, before the officer has the authority to selectively detain the vehicle for even a brief investigation. In the recent case of State v. Mackinnon, E2012=00594-CCA-R3-CD (Tenn.Crim.App. 5-29-2013), the Tennessee Court of Criminal Appeals upheld the trial court's finding of probable cause where a trained police officer estimated the Defendant's vehicle to be speeding.

Probable Cause Established by Observation of Speeding

There must be probable cause or reasonable suspicion for a police officer to initiate an investigatory stop of a vehicle. Absent a warrant for a search or arrest, there must be some basis known to the officer for believing an occupant of a vehicle may have committed or may be about to commit a crime, before the officer has the authority to selectively detain the vehicle for even a brief investigation. In the recent case of State v. Mackinnon, E2012=00594-CCA-R3-CD (Tenn.Crim.App. 5-29-2013), the Tennessee Court of Criminal Appeals upheld the trial court's finding of probable cause where a trained police officer estimated the Defendant's vehicle to be speeding.

Probable Cause Established by Observation of Speeding

There must be probable cause or reasonable suspicion for a police officer to initiate an investigatory stop of a vehicle. Absent a warrant for a search or arrest, there must be some basis known to the officer for believing an occupant of a vehicle may have committed or may be about to commit a crime, before the officer has the authority to selectively detain the vehicle for even a brief investigation. In the recent case of State v. Mackinnon, E2012=00594-CCA-R3-CD (Tenn.Crim.App. 5-29-2013), the Tennessee Court of Criminal Appeals upheld the trial court's finding of probable cause where a trained police officer estimated the Defendant's vehicle to be speeding.

Evidence Sufficient to Support Probable Cause for Arrest

Before a person may be arrested for a crime, there must be probable cause to believe that the person has committed a crime for which an arrest can occur. The information must be reasonably trustworthy. The information can be presented to a judge or magistrate who can then issue an arrest warrant. But police officers acting on probable cause can also make an arrest without a warrant. In many criminal cases, whether there was cause for the initial arrest becomes an important issue to examine because evidence collected as a result of the arrest (such as from a search of or custodial interrogation of the accused) may not be admissible if the initial arrest was unlawful. One recent case examined by the Tennessee Supreme Court, in which they had to address the issue of probable cause for arrest, was State v. Echols, E2009-01697-SC-R11-CD (Tenn. 10-10-2012), which arose from Knox County.

Evidence Sufficient to Support Probable Cause for Arrest

Before a person may be arrested for a crime, there must be probable cause to believe that the person has committed a crime for which an arrest can occur. The information must be reasonably trustworthy. The information can be presented to a judge or magistrate who can then issue an arrest warrant. But police officers acting on probable cause can also make an arrest without a warrant. In many criminal cases, whether there was cause for the initial arrest becomes an important issue to examine because evidence collected as a result of the arrest (such as from a search of or custodial interrogation of the accused) may not be admissible if the initial arrest was unlawful. One recent case examined by the Tennessee Supreme Court, in which they had to address the issue of probable cause for arrest, was State v. Echols, E2009-01697-SC-R11-CD (Tenn. 10-10-2012), which arose from Knox County.

Evidence Sufficient to Support Probable Cause for Arrest

Before a person may be arrested for a crime, there must be probable cause to believe that the person has committed a crime for which an arrest can occur. The information must be reasonably trustworthy. The information can be presented to a judge or magistrate who can then issue an arrest warrant. But police officers acting on probable cause can also make an arrest without a warrant. In many criminal cases, whether there was cause for the initial arrest becomes an important issue to examine because evidence collected as a result of the arrest (such as from a search of or custodial interrogation of the accused) may not be admissible if the initial arrest was unlawful. One recent case examined by the Tennessee Supreme Court, in which they had to address the issue of probable cause for arrest, was State v. Echols, E2009-01697-SC-R11-CD (Tenn. 10-10-2012), which arose from Knox County.

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