Understanding Probable Cause in an Indiana Manslaughter Case
Before you can be arrested for a crime, there must be probable cause that you committed the felony. Probable cause depends on the underlying crime and whether the prosecution will likely be able to prove the elements of the crime. The Indianapolis manslaughter lawyers at The Criminal Defense Team can explain how probable cause applies to your case.
What Is Probable Cause?
Probable cause is the legal standard that an officer has that forms a reasonable belief that a crime has been committed or is about to be committed. Probable cause is necessary before conducting a search, seizure, or arrest. It is based on specific facts and evidence, not a mere hunch that criminal activity is afoot. Probable cause is also based on the totality of the circumstances, not an isolated detail.
Involuntary Manslaughter
Probable cause to arrest someone for involuntary manslaughter means that the police officer has a reasonable belief that the defendant caused the death of another person while doing any of the following:
- Committing a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury
- Committing a Class A misdemeanor that inherently poses a risk of serious bodily injury
- Committing a battery offense included in IC 35-42-2
- Operating a vehicle while intoxicated (only applies to a fetus victim)
Because this crime is based on the commission of another crime, probable cause would have to exist based on the particular legal elements of those crimes.
Voluntary Manslaughter
Voluntary manslaughter is the “unjustified, unexcused intentional killing of one human being by another human being without malice aforethought and with heat of passion.” This crime is similar to murder in that the defendant knowingly or intentionally kills another person or fetus. However, the sudden head of passion mitigates the criminal culpability.
This sudden heat must meet the following elements:
- You were adequately provoked in a way that would be sufficient to enrage any reasonable person.
- You attained a mental state referred to as a heat of passion, heat of blood, or sudden heat due to the provocation.
- The victim’s killing was sudden, with no cooling-off period
- There was a causal connection between the provocation, the heat of passion, and the killing.
If police have probable cause to believe you committed this felony, they can arrest you or seek an arrest warrant.
Obtaining an Arrest Warrant
Typically, police officers will seek an arrest warrant before arresting someone for manslaughter in Indiana. To obtain an arrest warrant, police officers must set forth the reasons for probable cause with specificity, so a judge has an independent basis to make a decision. Arrest warrants can be based on hearsay with sufficient corroboration or even use information from an informant without having to personally identify the informant.
The application for an arrest warrant must typically meet the following requirements:
- Be in writing
- Specify the name of the person to be arrested
- Set forth the nature of the offense
- State the date and county where the warrant is to be issued
- Be signed by the clerk or the judge
- Command that the person identified be arrested
- Specify the amount of bail, if any
- Be directed to the sheriff
If the judge concludes there is probable cause, they sign the arrest warrant.
Learn More About Protecting Your Legal Rights When You Call the Criminal Defense Team
At The Criminal Defense Team, we regularly argue that law enforcement lacked the requisite probable cause to conduct searches, make arrests, or hold suspects in custody. Our criminal defense lawyers in Indianapolis can investigate your case to determine if probable cause was lacking and raise additional defenses on your behalf. Contact us today to arrange a confidential consultation.