Section 1.17 What Constitutes Reasonable Grounds for the Arrest or Stop?

• Library: DWI 2014

Section 577.041.4, RSMo Supp. 2012, requires that the arrest or stop by the law enforcement officer must have been made upon reasonable grounds. The courts have determined that “reasonable grounds” is the same as probable cause and depends on the information in the officer’s possession before the arrest. Guhr v. Dir. of Revenue,228 S.W.3d 581 (Mo. banc 2007); Steele-Danner v. Dir. of Revenue,229 S.W.3d 607 (Mo. App. S.D. 2007).

Probable cause to arrest exists when the arresting officer’s knowledge of the particular facts and circumstances is sufficient to warrant a prudent person’s belief that a suspect has committed an offense. . . . There is no precise test for determining...