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You'd have to ask a lawyer if this would fall under probably cause - i.e. a police officer is allowed to arrest someone if they have a "reasonable" suspicion th
by azernik 8y ago
You'd have to ask a lawyer if this would fall under probably cause - i.e. a police officer is allowed to arrest someone if they have a "reasonable" suspicion that a crime was committed, and then the prosecutors decide whether to bring charges. It's not clear to me how a court would view an officer being mistaken about the law in specific ways.
- mnbvkhgvmj 8y agoThis depends upon where you are doesn't it? In the UK the grounds for arrest are "reasonable suspicion" in the US isn't it "probable cause"? I think that "reasonable suspicion" is similar to 10% certainty and "probable cause" 25% (c/f with "beyond reasonable doubt" which should be 95% certainty)... I am not a lawyer. If anyone is in doubt I suggest speaking to a lawyer!
- azernik 8y ago"Probable cause" is defined using the word "reasonable" in lots of sources. The root of any UK/US difference is more likely related to drift in precedent over the last couple of centuries than to any precise difference in the meaning of words.