First, Officer Tim must have reasonable suspicion for the stop. Reasonable suspicion is specific, articulable facts that point to criminal activity. In some recent cases, the Supreme Court has watered this standard down so much that officers do not need much more than a hunch.
Tim does not have much evidence. But he does have Wendy’s description and the surveillance video. Taken together, they probably constitute reasonable suspicion.
Probable cause, however, might be a different matter. Courts have intentionally refused to define this term, but it is a higher standard than reasonable suspicion. If “probable cause” means something like “probably guilty,” Officer Tim may not have enough evidence.
But before a Minneapolis Criminal Defense Attorney files a motion to suppress the arrest, it’s best to consider cases like 2015’s United States v. Fuehrer. Officers clocked Fuehrer, who was a suspected drug dealer, traveling 1mph over the speed limit. Since 1mph is within the radar gun’s margin of error, officers knew the infraction would not hold up in court. Nevertheless, they pulled him over and quickly summoned drug-sniffing dogs to the scene, who found narcotics in his car.
The court later ruled that the stop was lawful because officers had probable cause. So, in our case, even if Officer Tim knew that David was probably not guilty, he still had a right to arrest him.
Minneapolis Criminal Defense Attorney and Criminal Trials
Finally, we come to a criminal trial, where the burden of proof is beyond a reasonable doubt. Generally, this level of evidence means “no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty.”
If David took the stand and admitted that he was driving the car, that’s enough for proof beyond a reasonable doubt. Yes, perhaps someone kidnapped David, erased his memory, and implanted a new one in Total Recall fashion. But that’s clearly not a logical explanation.
However, if a Minneapolis Criminal Defense Attorney advises David not to testify, what evidence does the prosecutor have? There is Wendy’s rather vague description of a light-colored sedan, which could apply to half the cars on the road. Then, there is the surveillance video which proves that someone was driving David’s car near the scene of the crash. Even taken together, that’s not enough to establish guilt beyond a reasonable doubt.
Finding A Minneapolis Criminal Defense Attorney For Sex Crimes
Prostitution is a serious offense that occurs often than many people think in Minnesota. As a result of the frequent prostitution offenses that are committed, law enforcement officials regularly conduct prostitution stings to catch people who are selling sex or sexual favors in exchange for money. The prostitution stings are also used to catch the individuals who are responsible for arranging the services and those who are paying for sexual services.
