The law requires that police have “probable cause” before making an arrest or taking you into custody to face any charge for any crime. Probable cause exists if the officer has reasonably trustworthy information that would lead a reasonable and cautious person to believe that you committed or are actually committing a crime.

Whether "probable cause" is required to stop someone for a violation of the Motor Vehicle Code is a separate issue which is not entirely clear right now. In response to some court decisions, the Pennsylvania Legislature passed an amendment to the Motor Vehicle Code allowing police to stop motorists based on "reasonable suspicion" that a violation of the Motor Vehicle Code occurred. The Legislature, however, cannot amend the Pennsylvania Constitution by passing an ordinary new law. There is some question as to whether the Legislature's amendment to the Motor Vehicle Code is constitutional.

Because of the complexity of the issue of probable cause, you should contact an attorney to discuss whether the police had probable cause to arrest you in your particular case. You can reach attorney Joseph N. Gothie, Esq., at (717) 848-8455 to make an appointment to discuss your case at a free, no-risk consultation. 

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