Under the California and U.S. Constitution, law enforcement must have probable cause that a suspect is engaging in criminal activity before they can justify any stop, search or arrest. Many times, police may stop a vehicle or search premises without the required probable cause. In these instances, this lack of Probable Cause may be raised as a Legal Defense and any evidence obtained may be suppressed.
The police must be able to describe specific and detailed facts on which a suspicion of criminal activity can be based. The stop, search or arrest cannot be based on a hunch or other vague factors.
One instance where a lack of Probable Cause may arise is in prosecutions for Driving Under the Influence pursuant to California Vehicle Code Section 23152(a) VC and California Vehicle Code Section 23152(b) VC. Law enforcement is always on heightened alert for impaired drivers, especially at certain times and locations. Often, police may stop someone they suspect may be driving under the influence without the required Probable Cause to justify the stop.
In these instances, an effective criminal defense attorney may challenge Probable Cause in a hearing pursuant to California Penal Code Section 1538.5 PC. This hearing is essentially a mini-trial before a judge in which a defendant is given an opportunity to cross-examine the officer who stopped and/or arrested them and challenge whether there was sufficient probable cause. A skilled Los Angeles Criminal Defense Attorney can effectively show a lack of probable cause and can argue to have evidence suppressed.
If you have been accused of a criminal offense, it is important that you contact an experienced Los Angeles Criminal Defense Attorney as soon as possible to explore all defense options that may be available. Los Angeles Criminal Defense Attorney Michael Kraut is a former Deputy District Attorney with over fourteen years of prosecutorial experience who is highly respected by prosecutors and law enforcement alike as a fierce advocate for his clients' rights. Mr. Kraut thoroughly litigates his cases and vigorously pursues all pertinent legal defenses.
For more information about challenging Probable Cause, and to schedule your free consultation, contact Los Angeles Defense Attorney Michael Kraut at the Kraut Law Group Criminal & DUI Lawyers, Inc.. Mr. Kraut can be reached by phone 24/7 at (323) 464-6453, or you may set up an appointment at his office located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA, 90028.