Dan Sabol
Dan is the first attorney in Ohio to be both board certified in criminal trial law by the National Board of Trial Advocacy and be designated as a Lawyer Scientist by the American Chemical Society.
Chase Mallory
Chase Mallory is a firm founder whom has tried over 40 cases and conducted more than 100 suppression hearings. He is a founding member of the DUI Defense Lawyers Association
Meet the lawyers who make up the legal team at Sabol Mallory LLC. Read their individual bios and get to know more about their education, experience and accolades.
Learn more about our teamWhat is Probable Cause? 
Probable cause refers to the legal standard used by law enforcement officers to justify actions like stopping a vehicle, conducting a search, or making an arrest. It is the threshold that must be met to ensure police actions are legally supported. In the context of a traffic stop, probable cause means that an officer must have a reasonable belief, based on facts or circumstances, that the driver has violated the law or is engaged in illegal activity. Without probable cause, any actions taken by the police could be challenged in court, and the evidence obtained during such actions might not be admissible.
Probable Cause vs. Reasonable Suspicion
While “reasonable suspicion” and “probable cause” sound similar, they are not the same thing. Reasonable suspicion is a lower standard, and it only requires that an officer has a belief based on facts that criminal activity may be occurring. However, reasonable suspicion alone is not enough for a police officer to make an arrest or search your vehicle. Probable cause, on the other hand, requires a higher standard of proof and is typically necessary for more invasive actions like searching a vehicle or making an arrest.How Police Determine Probable Cause During a Traffic Stop
Police officers rely on a variety of factors to determine whether they have probable cause during a traffic stop. Below are some common ways in which probable cause can be established:1. Observing a Traffic Violation
The most common and straightforward way that police establish probable cause during a traffic stop is by observing a traffic violation. Violations like speeding, running a red light, illegal lane changes, or driving under the influence of alcohol or drugs are clear reasons for officers to pull over a vehicle. When a police officer witnesses a violation, they are legally justified in stopping the vehicle and investigating further. In many cases, a simple traffic violation can lead to further questioning or even an arrest if more evidence of a crime is uncovered.2. Behavioral Cues and Suspicious Actions
Sometimes, an officer may stop a vehicle not because of a specific traffic violation, but because of suspicious behavior or actions by the driver or passengers. If the driver appears overly nervous, avoids eye contact, or acts in a way that suggests they are concealing something, the officer may decide to investigate further. Sudden or erratic movements, such as reaching under the seat or in the glove compartment while the officer approaches, can raise suspicion and give the officer reasonable grounds to believe that something illegal is going on.3. Smell of Alcohol or Drugs
The smell of alcohol or marijuana can give police officers probable cause to stop a vehicle, conduct a field sobriety test, or search the vehicle. For example, if a police officer detects the smell of alcohol coming from the vehicle, they are within their rights to investigate further. This can include asking the driver to take a breathalyzer test or search the car for open containers or illegal substances. Similarly, the smell of marijuana or other drugs may lead to a search, especially if the officer suspects that the driver is in possession of illegal substances.Client
Testimonials
Learn what our clients have to say about the work of Sabol Mallory. If you have any questions or need legal help for a criminal charge, please reach out to us right away.
Chase Mallory is incredible. He is wonderful to work with and knows exactly what to do to help his clients. Thank you from the bottom of my heart for all you've done for me. I highly recommend hiring Chase to help fight your battles. Bless you!
- Erin R.
Dan Sabol is probably the best attorney I've ever worked with. Very professional and worked hard to get the best results possible. He will be the first person I call if I need a lawyer again. If you find yourself in a sticky situation make sure you give him a ring.
- Christopher R.
I had the pleasure of working with Dan and Chase and I am very grateful!! They did amazing work to help me on my case. They are very helpful and get back with you in a timely manner whenever I had questions for them, which was very nice and reassuring.
- Jessica H.
4. Tips from Other Drivers or Witnesses
In some cases, police officers act on tips or reports from other drivers or witnesses who report suspicious behavior. For example, another driver may call the police and report that they observed a vehicle swerving or driving erratically. Based on this tip, the officer may stop the vehicle to investigate further. While the report may not be enough to prove a crime has occurred, it can provide the officer with reasonable suspicion or even probable cause to investigate further, especially if the vehicle exhibits signs of impaired or reckless driving.5. Vehicle Condition and Out-of-State Plates
Certain vehicle conditions or situations may also provide probable cause for a traffic stop. For instance, a vehicle that appears to be in disrepair, has broken headlights, or is emitting an unusual amount of smoke may raise an officer’s suspicion. Additionally, if the vehicle has out-of-state plates, officers might suspect that the vehicle is being used to transport illegal goods or engage in criminal activity, and may decide to stop it for further investigation.6. Criminal Records or Known Offenders
If an officer is familiar with a vehicle or driver, they may have probable cause based on past behavior or criminal records. For example, if a police officer has prior knowledge that a specific vehicle is often involved in criminal activity or the driver has a history of drug-related offenses, they may have reason to believe that the vehicle is being used for illicit purposes. This prior knowledge can serve as the basis for probable cause during a stop.What Happens After Probable Cause is Established?
Once an officer has established probable cause, they are legally justified in taking further action, such as conducting a search, making an arrest, or issuing a citation. However, it’s important to note that even if probable cause is established, the scope of the search or arrest is still governed by strict legal rules. For example, if probable cause arises during a traffic stop and the officer believes they may find contraband in the vehicle, they may search the car. However, searches must be limited to areas where the officer has a reasonable belief that evidence may be found. Officers cannot perform a search of a vehicle or a person beyond what is reasonable under the circumstances, and any actions that go beyond this could be challenged in court. If the officer uncovers additional evidence of a crime, they may proceed with making an arrest. In cases where probable cause leads to an arrest, the individual may be taken into custody and booked. Depending on the severity of the offense, this could result in a charge, a court appearance, or even a trial.What Happens if There’s No Probable Cause?
If there is no probable cause for a traffic stop or search, the stop may be deemed illegal. In these cases, any evidence collected during the unlawful stop may be excluded from legal proceedings under the exclusionary rule. This means that evidence obtained from a search or arrest conducted without probable cause may not be used in court. If you believe that your rights were violated during a traffic stop, it is essential to consult with an experienced attorney. A skilled lawyer can evaluate the circumstances of your case and determine whether the stop, search, or arrest was legally justified. If not, they can help you challenge the evidence or even seek to have charges dismissed.Your Rights During a Traffic Stop
While police officers need probable cause to stop and search you, it’s crucial to know your rights during the interaction. Here are some rights to remember during a traffic stop:- Right to Remain Silent: You are not required to answer all questions posed by the officer. Politely stating that you wish to remain silent can help protect your rights.
- Right to Refuse a Search: Unless the officer has probable cause, they cannot search your vehicle without your consent. If an officer asks to search your car, you have the right to refuse, but you should remain respectful.
- Right to Legal Representation: If you’re arrested, you have the right to an attorney. You should exercise this right by requesting legal counsel as soon as possible.