When a person sees a police officer coming their way in an obvious attempt to arrest them or question them, the first question they often wonder is, “What have I done wrong?” In many cases, the person has done nothing wrong at all. Police can and do make errors. Unfortunately, these errors can lead to a person serving time in prison for a crime they did not commit.
That is why the Constitution protects every person in the United States. There are certain errors that can lead to having your case dropped. Keep reading to learn about four policing errors that can be fought in front of a judge. If you are charged with a crime and believe there were police errors involved, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
- Pulling Over a Drive Without Probable Cause
- Serving a Warrant That is Not Enforceable
- Illegal Searches and Seizures
- Skipping the Miranda Rights
The police cannot legally just pull over someone because they think the person looks suspicious. There must be probable cause for a traffic stop to be legal. If you were driving safely, within the speed limit, and with all mechanical parts of your vehicle visibly running fine, and a police officer pulls you over for no reason, then it is possible to have the charges against you dismissed. This can be especially helpful in a DUI case in which you were given a field sobriety test without probable cause.
You can be legally arrested by the police in two situations. One is if they actually see you committing a crime. The second is if they have a valid warrant for your arrest. On the other hand, if the police arrive at a crime scene, are told by an alleged witness that you committed a theft, the police cannot simply arrest you without securing a warrant first as they have not personally caught you in the commission of a crime.
As is true of an arrest, a police officer cannot search your belongings without your permission, probable cause, or a warrant. If they did search your vehicle, your property, or even your person without probable cause or a warrant, then any evidence they found could be deemed inadmissible – which often leads to cases being dismissed.
There is a reason that the police are required to read this to anyone they arrest: everyone has a right to know what their rights are. If the police neglect to read the Miranda Rights during the arrest, then it is a breach of due process, and that can lead to having evidence dismissed.
If you have been arrested due to the wrongful actions of the police, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.