QUESTION
Can evidence gathered after arrest be used to provide probable cause for the arrest?
Asked on Dec 05th, 2012 on DUI/DWI - California
More details to this question:
I was arrested for DUI a few weeks ago. I was made aware of the Express Consent statute and chose a breath test. The police, in their affidavit in support of a warrantless arrest, used the results from the Express Consent chemical test to support probable cause for the arrest.
2 ANSWERS
Michael J. Breczinski
Yes the collecting of evidence often goes on after the arrest. The probable cause for the arrest would have been the driving that the cops witnessed.
Answered on Dec 09th, 2012 at 7:34 PM
No they can't. But chances are they had another probable cause to pull you over. Contact a DUI specialist soon, because you have only 10 days to save your license.
Answered on Dec 06th, 2012 at 1:47 PM