What Do Police Consider Reasonable Suspicion and Probable Cause?
What constitutes traffic stop suspicion and probable cause in West Virginia are critical pieces of information to know. A police officer can detain a person for questioning, search for evidence, and make a DUI arrest with probable cause. While people use these two terms interchangeably, there are several key differences. Most people get the two of them confused pretty frequently. Good news, though; we are here to help.
This month, we will explain reasonable suspicion and probable cause for traffic stops in West Virginia. First, we will talk about the difference between the two terms. Then, we will give examples of what constitutes reasonable suspicion and probable cause in West Virginia. Both of these issues have very complex meanings, and we are here to help you learn them. Summers & Associates is proud to educate our customers on traffic stop suspicion and probable cause in West Virginia.
Reasonable Suspicion in a DUI Traffic Stop
One of the most commonly misunderstood theories in criminal law is reasonable suspicion. Being charged with an infraction does not immediately equal guilt. You have a right to fight a citation and have representation by a traffic defense lawyer. Whether it’s a moving violation or a DUI, an officer’s failure to understand reasonable suspicion may get you out of a citation. Here’s a definition of reasonable suspicion:
Reasonable Suspicion: A police offer must have a reasonable suspicion that a person broke the law. In simple terms, this means that officers need a reason to stop you, whether on foot or in a car. Police officers are usually trained to make a decision based on their observations. A skilled attorney can often poke holes in this officer’s story, demonstrating that the officer had little more than a hunch.
Police Officers Must Establish Probable Cause Before Searching a Car
Probable cause isn’t the same as reasonable suspicion. To obtain a warrant, search a vehicle, or arrest a drunk driver, a police offer must have probable cause. If an officer doesn’t have probable cause, you have the right to deny them access to search. Here’s a definition of probable cause:
Probable Cause: The logical belief, based on facts and circumstances, that would lead an officer to believe a crime has occurred. Probable cause must exist in order for an officer to make a lawful arrest or obtain a search warrant. If a police offer doesn’t get probable cause, they cannot search your car or any personal property.
Here’s What Constitutes Reasonable Suspicion for DUI in West Virginia
The Fourth Amendment to the United States Constitution protects us from unreasonable searches and seizures. Officers’ interpretations of reasonable suspicion must align with the Constitution. In some situations, that isn’t always the case. Officers can sometimes overstep their
- Bloodshot, glassy, or watery eyes
- Difficulty providing your license and registration
- Erratic driving
- Inability to maintain balance
- Slurred speech
- The odor of alcohol on your breath
If an officer says they have the right to search, but they really don’t, you can take that to court. This issue is something most people don’t think about. The attorneys at Summers & Associates are proud to help our clients understand.
What Constitutes Probable Cause for a DUI Arrest?
Like we mentioned before, an officer must have probable cause to obtain a warrant or make a lawful arrest. Without probable cause, you can deny officers access to search your car. Below are some examples of what constitutes probable cause for a DUI arrest:
- The occurrence of injury or accidents.
- Preliminary breath test results
- You admitting to drinking prior to driving.
If an officer says they have the right to search your vehicle, but they don’t, you can sue them. There are many complex issues when it comes to this that most people don’t know about. We deal with clients every day who have this same issue. Summers & Associates is proud to help our clients understand what it is and what it means.
Summers & Associates Offers First-Rate DUI/DWI Lawyers
Dealing with the after-effects of a DUI charge can be emotionally draining. The compassionate attorneys at Summers & Associates have helped residents fight DUI/DWI charges. We have many years of legal experience and believe that every case is important and unique. Summers & Associates prides itself on offering honest advice and high-quality representation. We use our expertise to defend people accused of driving under the influence and operating a motor vehicle while impaired.
Summers & Associates has developed an outstanding reputation throughout Parkersburg, WV, for providing DUI/DWI defense and other legal services. With a convenient location on Dudley Avenue, we work with individuals and families throughout the Mountain State. For many years, our law office has aided residents who require prompt and professional legal representation. To learn more about our DUI/DWI services, contact us.
For more information on reasonable traffic stop suspicion in West Virginia, call Summers & Associates at (304) 420-0975. Our law office brings many years of legal experience to the office every day while proudly serving the Mountain State. We pride ourselves on educating our customers about reasonable traffic stop suspicion and probable cause in West Virginia.