How Do You Know Probable Cause In Traffic Cases?
One of the most common questions asked when a law enforcement officer stops a motorist is “Why did you stop me?” Unless you were definitely speeding or know that you ran that last stop sign, it’s a question you should always ask. Understand what the Fourth Amendment says. The Fourth Amendment to the U.S. Constitution says “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” This means that the state may not enter or search you or your property without a warrant issued by a judge describing the specific reason for such a search. The state is also forbidden to “seize”, or take property or arrest people without a duly sworn warrant. Understand what probable cause is. The concept of “probable cause” is actually a
