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<The police have wide latitude to determine probable cause for whatever> No, they have wide latitude to try to claim probable cause but cannot create probable
by DrScump 11y ago
<The police have wide latitude to determine probable cause for whatever>
No, they have wide latitude to try to claim probable cause but cannot create probable cause out of thin air. If a court later decides there was none, the evidence is tossed anyway (and permanently tainted).
- joe_the_user 11y agoPolice are indeed prohibited from claiming probable cause based on no evidence at all but no-evidence-at-all is about the only no-no. A wide variety of vague actions can be taken as evidence, such "acting nervous", not seeming like you belong in a location, reaching into one's pocket, moving quickly, etc, etc.