Challenging Probable Cause in Your St. Petersburg Criminal Case

Challenging Probable Cause in Your St. Petersburg Criminal Case

Getting arrested can be scary. One minute you’re just living your life, the next you’re in handcuffs and on your way to jail. The police say they have “probable cause” to believe you committed a crime. But what does that mean, exactly? And what can you do to challenge an unlawful arrest?

This article will break down probable cause, how it’s used to justify arrests, and the legal options you have for fighting back if the cops didn’t have a valid reason to take you into custody. We’ll also look at some real-world examples of probable cause challenges in St. Petersburg to see how local judges have ruled in the past.

What is Probable Cause?

Probable cause is the legal standard police must meet before they can arrest someone or conduct a search. Basically, officers need facts or evidence that would lead a reasonable person to believe that a crime has been committed or will be committed in the future.

The evidence doesn’t have to prove guilt beyond a reasonable doubt like it would at trial. It just has to show it’s more likely than not that a crime occurred. Some examples of probable cause could include:

• A victim or eyewitness identified the suspect
• The suspect was found with evidence of the crime like stolen property or illegal drugs
• The suspect fled from police or resisted arrest
• The officer directly observed the suspect committing the crime

Without probable cause, any resulting arrest or search could be considered unlawful and a violation of your Fourth Amendment rights.

Challenging Probable Cause After Your Arrest

If you were arrested without a warrant signed by a judge, a prosecutor will have to convince a judge that probable cause existed in a document called the “charging affidavit.” This affidavit is a sworn statement explaining the facts and evidence that establish probable cause.

As the accused, you have the right to challenge the charging affidavit. Your criminal defense attorney can file a motion arguing there was no probable cause to justify your warrantless arrest. This is called a “motion to suppress.”

If the judge agrees no probable cause existed, the remedy is suppressing evidence obtained as a result of the unlawful arrest. This could include dismissing the charges altogether.

Attacking the Probable Cause Affidavit

When reviewing a motion to suppress, the judge will only look at the four corners of the probable cause affidavit. They won’t consider any evidence that wasn’t disclosed to the defense.

So the affidavit needs to establish probable cause on its face. If the facts are insufficient, contradict each other, or are based on unreliable sources, your attorney can argue for suppression.

Some examples of common deficiencies in probable cause affidavits:

• The information is stale – The alleged crime happened weeks or months before the arrest
• The source is anonymous or unreliable – An untested confidential informant or anonymous tipster
• Lacking details or corroboration – The facts are vague or no investigation was done to verify them
• Conclusory statements – The officer simply asserts probable cause existed with no factual support

Pointing out these issues could convince the judge to suppress the evidence and dismiss the charges.

Probable Cause Hearings

If there are factual disputes related to probable cause, the judge may hold an evidentiary hearing. At this hearing, your attorney can cross-examine the officers involved and present witnesses and evidence to refute the allegations.

Unlike a trial, the rules of evidence are relaxed at suppression hearings. So the judge may consider hearsay and other types of unreliable evidence. Still, by attacking the credibility of the officers’ claims, your attorney may be able to show no probable cause existed.

Examples of Probable Cause Challenges in St. Petersburg

Looking at how judges have ruled in similar cases can provide some insight on your chances of success. Here are a few examples of recent probable cause challenges in St. Petersburg criminal courts:

Drug charges dropped due to stale information

In one case, a man was arrested for felony drug possession based on a tip from a confidential informant (source). Nearly two months had passed between the informant’s tip and the man’s arrest.

The judge ruled the lengthy delay made the informant’s allegations stale. With no other evidence to corroborate the tip, there was no probable cause. The charges were dropped and the man later filed a civil rights lawsuit.

Anonymous tip insufficient for probable cause

In another case, a woman was arrested on drug charges after police received an anonymous call claiming she was selling narcotics. With no other evidence to corroborate the tip, the judge ruled there was no probable cause based solely on an anonymous allegation (source).

Lack of details leads to suppression

A man arrested for a robbery had the evidence suppressed after his attorney argued the probable cause affidavit lacked critical details. The affidavit didn’t include a specific description of the suspect or explain how the man matched it. The judge agreed the vague allegations were insufficient (source).

While every case is different, these examples show St. Petersburg judges won’t simply rubber stamp probable cause. With an experienced local attorney challenging the allegations, many warrants and arrests are deemed unlawful.

Protecting Your Rights with an Attorney

The police can’t just arrest someone based on a hunch – they need solid evidence that a crime was committed. Without probable cause, any resulting search or seizure violates your constitutional rights.

If you believe you were arrested unlawfully, don’t wait to take action. Contact a skilled St. Petersburg criminal defense lawyer as soon as possible. They can review the probable cause affidavit for deficiencies and file a motion to suppress if the allegations don’t hold up.

With an experienced attorney fighting by your side, you have a much better chance of exposing any false or exaggerated claims by police. Protect your freedom and your record by challenging probable cause in your criminal case today.