Probable cause serves as a safeguard against arbitrary or unjustified actions by law enforcement. In Louisiana, the concept of probable cause is enshrined in the Fourth Amendment of the Constitution which protects citizens from unreasonable searches and seizures. Understanding it is crucial for anyone who might find themselves facing criminal charges in Louisiana.
The Principle of Probable Cause
Probable cause is a legal standard that was established to protect individuals from arbitrary arrests and searches. It requires law enforcement officers to have a reasonable basis, supported by specific facts and circumstances, to believe that a person has committed a crime. This standard ensures that law enforcement actions are grounded in fact and reason, rather than mere suspicion or hunches.
Probable Cause in Louisiana: An In-Depth Look
In Louisiana, the Code of Criminal Procedure (CCRP) 230.2 provides specific provisions regarding probable cause. One of these provisions is that individuals who are taken into custody are entitled to a probable cause review within 48 hours of their arrest. This provision applies only if the police execute a warrantless arrest. In most cases, the arresting officer must submit an affidavit describing what led to the arrest.
Moreover, a judge can only issue a search warrant when there is sufficient evidence to justify probable cause. This evidence must be presented through an affidavit from a trustworthy individual, detailing the facts that warrant the issuance of the search warrant.
Establishing Probable Cause
There are various means of establishing probable cause. For instance, an officer may witness criminal conduct firsthand or speak to witnesses. To establish probable cause, officers must engage in investigations to establish and identify facts and circumstances that would lead one to reasonably conclude that the suspect committed a crime.
These investigations can vary in length and complexity, ranging from simple inquiries lasting only a few hours to extensive investigations spanning several years.
Consequences of Not Establishing Probable Cause
If a determination of probable cause is not made in a timely manner as per the stipulations of CCRP Article 230.2, Paragraph A, the individual under arrest must be released on their own recognizance. However, this does not prevent the possibility of the defendant being rearrested and having their bond reset for the same charges, should a magistrate issue an arrest warrant based on a finding of probable cause.
Probable Cause and Vehicle Searches in Louisiana
In Louisiana, understanding what constitutes probable cause for a vehicle search is particularly important. In the context of vehicle searches, law enforcement officers must have probable cause to believe that a vehicle contains evidence of a crime before they can conduct a search without a warrant.
The smell of illegal substances, such as marijuana, can provide probable cause for a vehicle search. Visible contraband or suspicious behavior by the vehicle’s occupants may also establish probable cause.
Refusing a Vehicle Search
If you decline consent for a vehicle search, law enforcement officers may detain you at the location for a reasonable amount of time. They may also call for a canine unit to inspect your car. If the canine does not alert to the presence of drugs or other contraband, officers should not be allowed to search your vehicle.
It’s important to note that even if you refuse a search and officers do not have probable cause or a valid warrant at that moment, this does not preclude them from obtaining a warrant later based on additional information or investigation.
Contact a Louisiana Defense Lawyer Today
Understanding probable cause and its implications is crucial for anyone navigating the legal system. It serves as a safeguard against arbitrary or unjustified actions by law enforcement and ensures that any arrest or search is grounded in fact and reason.
If you or someone you know is charged with a crime in Louisiana, contact Bart Bernard Criminal Defense Law Firm at 225-384-5699 for your free consultation.