In New York City, there are many legal terms that are used so commonly that people are accustomed to them without truly knowing what they mean. One is “reasonable cause.” People who are arrested should be aware of what this term means and how it can impact their case.
A police officer who failed to have reasonable cause could be used as a defense in the case. In fact, it might result in the charges being dropped. To fully scrutinize the arrest and its circumstances, it is imperative to have experienced assistance.
Reasonable cause is needed if there is no arrest warrant
A police officer can make an arrest without a warrant. However, according to state law, there are criteria to make it a valid arrest. Reasonable cause means that the officer believes that the person they are arresting has committed a crime. They must have a specific justification for making the arrest.
Examples include gathering information, witnessing or amassing facts that led the officer to reasonably presume that the person was committing, was about to commit or had already committed a crime. The officer cannot make an arrest just because a person is acting suspiciously. A sense that the crime is going to be committed is not sufficient to make the arrest based on reasonable cause.
Obviously, if the officer outright sees a person committing a crime, that will give them reasonable cause. However, many crimes are not so simple. A certain level of presumption is allowed, but the reasonable cause argument could still leave an opening for a viable defense.
Questioning reasonable cause could be an avenue of defense
There are many ways to combat criminal charges in New York. One is to call the arrest into question by looking at the reason the officer made it. If there was no reasonable cause, then the case could come apart with the defendant having the charges dismissed. An effective criminal defense will look at the entire case including the circumstances of the arrest and move forward to try and reach a positive outcome.