Legal Question in Criminal Law in Missouri

If the information on a probable cause statement arent the facts pertaining to a traffic stop can the case be dismissed?


Asked on 11/30/11, 4:07 am

1 Answer from Attorneys

Anthony Smith LawSmith

If the facts on the probable cause statement are incorrect, the relevance of the fact to the decision to stop, the arrest can be invalidated. If it is a matter of opinion, that is almost never enough to stop a prosecution. This is ususally a difference of opinon as to whether the driver was swerving prior to being stopped.

Keep in mind that an officer only needs a reasonable suspcion to make a stop. Probable cause only matters when it comes to making an arrest, issuing a ticket, or obtaining a search warrant. If any portion of the record is incorrect or was falsified by an officer, it can be used as part of the defense. If you feel that a falsity has occurred, let your attorney know immediately.

Good luck

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Answered on 12/02/11, 4:29 pm


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