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On The Beat: Probable cause
By The Garden Island
Q: My girlfriend was arrested and in court the officer said he had “problem close” in court and that’s why he stopped her for drunk driving. What is problem close?
Maka
A: I think what you mean is “probable cause” or in law enforcement vernacular PC. Our statutes do not allow law enforcement officers to stop anyone without reasonable suspicion and/or PC.
Hawai‘i Revised Statutes section 803-5 (b) states, “a police officer has probable cause to make an arrest when the facts and circumstances within the officer’s knowledge and of which the officer has reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that a crime has been or is being committed.”
Although you did not give any facts, I can with some degree of certainty, say that your girl friend was probably driving her car in a manner that alerted the officer. Through training and experience the officer had reasonable suspicion that she was doing something that was out of the ordinary. For example, she may have been speeding, weaving from side to side out of her lane, driving too slow for the posted speed limit, applying the brakes when no one was ahead, driving without her headlights on during night hours, and the like.
Based on the officer’s observations reasonable suspicion was established giving the officer the authority to make a stop to investigate whether the driver maybe under the influence, or having some kind of medical emergency.
After the stop is made, further observations then takes place that may or may not lead to PC to initiate an arrest. Typical indicators of PC for DUI arrests are: odor of liquor, glassy bloodshot eyes, slurred speech, unable to keep their balance, etc. At that time, a field test may be initiated to determine the level of incapacitation, and inability to operate a motor vehicle safely.
When you piece all of these indicators together, from the first observations of the vehicle, to the physical appearance and mannerism of the driver, you have satisfied the elements of PC. Based on all the above, your girlfriend was arrested for her safety and safety of other motorists and pedestrians.
Remember the definition of probable cause: “a person of reasonable caution in the belief that a crime has been or is being committed.” However, although this gives grounds to make an arrest, this still doesn’t mean that the person is drunk, because there are medical conditions that may cause someone to appear as if they are intoxicated.
After the arrest is made, either a blood or breath test is given. But what happens if the person refuses the tests? Their driver’s license is suspended.
Now comes the next phase: going to court to prove the elements of the offense beyond a reasonable doubt by our prosecutor; but that’s another story.
Simply put, there are three levels of proof you should know in ascending order from the lowest level to the highest: reasonable suspicion, probable cause and proof beyond a reasonable doubt.
In your girlfriend’s case, there was at a minimum reasonable suspicion to stop the vehicle, then based on further observations probable cause was established to make an arrest, then as you witnessed in court where the prosecution had the burden to prove their case beyond a reasonable doubt.
The bottom line is tell your girlfriend not to drink and drive or she will be arrested again.
• Darryl Perry is the chief of police at the Kaua‘i Police Department. Send your comments or questions to dperry@kauai.gov
Maka
A: I think what you mean is “probable cause” or in law enforcement vernacular PC. Our statutes do not allow law enforcement officers to stop anyone without reasonable suspicion and/or PC.
Hawai‘i Revised Statutes section 803-5 (b) states, “a police officer has probable cause to make an arrest when the facts and circumstances within the officer’s knowledge and of which the officer has reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that a crime has been or is being committed.”
Although you did not give any facts, I can with some degree of certainty, say that your girl friend was probably driving her car in a manner that alerted the officer. Through training and experience the officer had reasonable suspicion that she was doing something that was out of the ordinary. For example, she may have been speeding, weaving from side to side out of her lane, driving too slow for the posted speed limit, applying the brakes when no one was ahead, driving without her headlights on during night hours, and the like.
Based on the officer’s observations reasonable suspicion was established giving the officer the authority to make a stop to investigate whether the driver maybe under the influence, or having some kind of medical emergency.
After the stop is made, further observations then takes place that may or may not lead to PC to initiate an arrest. Typical indicators of PC for DUI arrests are: odor of liquor, glassy bloodshot eyes, slurred speech, unable to keep their balance, etc. At that time, a field test may be initiated to determine the level of incapacitation, and inability to operate a motor vehicle safely.
When you piece all of these indicators together, from the first observations of the vehicle, to the physical appearance and mannerism of the driver, you have satisfied the elements of PC. Based on all the above, your girlfriend was arrested for her safety and safety of other motorists and pedestrians.
Remember the definition of probable cause: “a person of reasonable caution in the belief that a crime has been or is being committed.” However, although this gives grounds to make an arrest, this still doesn’t mean that the person is drunk, because there are medical conditions that may cause someone to appear as if they are intoxicated.
After the arrest is made, either a blood or breath test is given. But what happens if the person refuses the tests? Their driver’s license is suspended.
Now comes the next phase: going to court to prove the elements of the offense beyond a reasonable doubt by our prosecutor; but that’s another story.
Simply put, there are three levels of proof you should know in ascending order from the lowest level to the highest: reasonable suspicion, probable cause and proof beyond a reasonable doubt.
In your girlfriend’s case, there was at a minimum reasonable suspicion to stop the vehicle, then based on further observations probable cause was established to make an arrest, then as you witnessed in court where the prosecution had the burden to prove their case beyond a reasonable doubt.
The bottom line is tell your girlfriend not to drink and drive or she will be arrested again.
• Darryl Perry is the chief of police at the Kaua‘i Police Department. Send your comments or questions to dperry@kauai.gov
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The following are comments from the readers. In no way do they represent the view of kauaiworld.com.
parislilyblaze wrote on Jun 22, 2009 4:07 AM:
" If one night in jail for one person can save a night in the morgue for many innocent family members, 'probable cause'
is more than fair.
Your frustration at her arrest focuses attention on the real problem, not her innocence or guilt, but the frustration faced by many over substance abuse and the damages it causes to so many innocent good people that see and enjoy Kauai for the beautiful island it really is.
Aloha "
is more than fair.
Your frustration at her arrest focuses attention on the real problem, not her innocence or guilt, but the frustration faced by many over substance abuse and the damages it causes to so many innocent good people that see and enjoy Kauai for the beautiful island it really is.
Aloha "
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kapu wrote on Jun 21, 2009 12:43 PM:
It is no wonder the incarceration rates continue to rise, eh? Your job must feel very much like a paniolo having to watch over a herd with this example of the basic understanding and knowledge of the principles and practices of common law.
PLEASE remind your officers now and then that there is another end to the spectrum. I won't go so far as to say that "most" or even a majority of people have more comprehension of the law than this, but every now and then it would likely still be accurate for them to know that not EVERYONE they pull over is a wandering bovine with no more sense than the grass it processes.
Mahalo to you and your officers for the job you do, it CANNOT be easy.
Aloha! "