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An Evaluation and Investigation Cannot Be a Protracted Process

Then, of course, the investigation can’t be extended too long. Otherwise, it falls into the area of an arrest.

Interviewer: What is considered “too long?”

Kevin: That’s really up for debate. There are circumstances that equate to an arrest, such as putting handcuffs on somebody. This also applies to putting a suspect in the back of the police car for an extended period of time. Additionally, driving that person to the police station would certainly be an arrest.

Probable Cause MUST Accompany an Arrest

To arrest somebody, a police officer has to have a well-grounded suspicion or belief that a crime has been committed or is in the process of being committed.

This is known as “probable cause.”  That determination of whether the suspicion is well-grounded really comes down to what can objectively be seen as probable cause that a crime occurred or is being committed.  In the realm of DUI, there must be probable cause to believe the driver operated the vehicle while under the influence or alcohol or a drug.

By Kevin Leckerman

Attorney Kevin Lekerman
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