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Probable cause is the bar for arrest. If they have probable cause, you're getting arrested.
by darksaints 5y ago
Probable cause is the bar for arrest. If they have probable cause, you're getting arrested.
- zepto 5y agoYes, but without evidence you aren’t going to jail, and if you do you can sue for wrongful arrest.
- dragonwriter 5y ago> Yes, but without evidence you aren’t going to jail, and if you do you can sue for wrongful arrest. You can sue anyone, anytime, for anything, but even if charges aren't filed or a court dismisses them at the preliminary hearing stage for lack of sufficient evidence, wrongful arrest suits against police are very difficult.
- refurb 5y agoDo you mean "suspected of committing a crime"? "Probable cause" relates to searching or entering private property.
- darksaints 5y agoNo.
- dragonwriter 5y ago> Do you mean "suspected of committing a crime"? No, mere suspicion is not sufficient for arrest. > "Probable cause" relates to searching or entering private property. It also relates to arrest. The Fourth Amendment provision applying the standard explicitly applies to searches and seizures of persons, houses, and effects. Arrest is seizure of one’s person.
- zepto 5y agoYes, but probably cause isn’t some binary. A drug dog’s indications provide probable cause for searching your car, but are not enough to arrest you.