Of course, being temporarily detained, searched, and patted down, and ultimately placed under an official arrest is completely overwhelming. While all of this is happening, you may understandably struggle to focus entirely on the behaviors and actions of the arresting law enforcement officer. But once you are given time to reflect on the incident, you may question whether an officer conducted themselves entirely lawfully. For starters, you may wonder if they even had probable cause to arrest you in the first place. As you await your trial proceedings, please read on to discover what makes an arrest illegal and how a seasoned Morristown criminal defense lawyer at Graves Andrews, LLC can use this information to strengthen your case before the criminal court.
What kind of police conduct makes an arrest illegal in New Jersey?
Most especially, an arrest in the state of New Jersey can be made illegal if a law enforcement officer did not have probable cause at the time this decision was made. Namely, probable cause means an officer has a reasonable, fact-based belief that a crime was committed and that you were an individual involved in it. This is more than reasonable suspicion, which is merely a guess that criminal activity took place at all. Without further ado, the following circumstances may make your arrest considered unlawful:
- An officer arrests you based solely on your nervous behavior during the temporary stop.
- An officer arrests you based on your physical proximity to the crime scene without any further connection to it.
- An officer arrests you based on inaccurate information (i.e., an unreliable informant tip with no independent investigation).
- An officer arrests you based on a traffic stop initiated without legal justification or that was otherwise conducted illegally.
How do I prove my arrest was illegal to the New Jersey criminal court?
Of note, it does not matter what potentially incriminating evidence the arresting law enforcement officer finds against you later on. If probable cause did not exist at the time of your arrest, it is considered to be unlawful conduct. With that being said, you must do everything in your power to establish your arrest as illegal before the New Jersey criminal court. This is so that any evidence obtained as a result of your arrest may be excluded from your trial proceedings, which thereby solidifies your position.
And so, you may challenge your illegal arrest through a formal legal procedure known as a motion to suppress evidence. Here, you may argue that an officer violated your Fourth Amendment rights by lacking probable cause or initiating an illegal traffic stop first. Then, you may back up your argument by submitting bodycam or dashcam footage as evidence, by using witness testimony and dispatch records, by highlighting how the evidence was dated after your arrest date, and much more.
With all that being said, please prioritize scheduling an initial consultation with a competent Morristown criminal defense lawyer from Graves Andrews, LLC. We would be honored to represent you in your legal case.