Illegal Arrest Motion

Although the appellate courts in Michigan have significantly reduced our rights as Michigan citizens, you still have a right to not be arrested without probable cause.  What probable cause is can be thought of as a situation where a crime occurred and that you probably did it.  In the context of a drinking and driving case, in Oakland County, the officer must have probable cause that you were operating a vehicle while intoxicated or impaired.   

The officer's probable cause to arrest can be challenged in many cases.  For example, if somebody passes all of their sobriety tests, but fails a preliminary breath test that is ultimately found to be inadmissible, then there is a great argument that the officer didn't have the probable cause to arrest the suspect.

 In order to make these arguments, many times other motions, such as put or field sobriety test motions must be filed and argued at the same time.