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Ackshually, no. They have the legal power to detain you for the purposes of figuring out if they need to arrest you. If they had to have proof, and a conviction
by LawTalkingGuy 3y ago
Ackshually, no. They have the legal power to detain you for the purposes of figuring out if they need to arrest you. If they had to have proof, and a conviction, to show that someone was guilty before detaining them they'd never be able to arrest them to take them to court and have them convicted in the first place.
What you're saying is somewhat relevant to false arrest, where a police officer is acting outside his legal role.
In this case though, they had a duty to remove him, even with deadly force, from the car which he'd just risked people's lives with, above and beyond their power to arrest him after removing him from the car.