The story doesn't say anything about that. You are free to speculate, but logical people can only make a comment on the subject matter, not what they speculate might have happened in some make believe world.
But let's do it your way, let's say it didn't happen the way the story said, let's look at the question of whether or not someone should be allowed to do such a thing. What say you?
I'm not speculating at all, I am being logical. Having been part of the 3AM world when I was younger I've known people that would swear on a stack of Bibles they were just standing on the street corner "doin' nuttin'" when they were arrested... never mind the stereo in their hands and the audible alarm blaring from the house behind them. When a "reporter" clearly has an axe to grind I take his account with many grains of salt.
Whether or not someone should be allowed to do what such thing? Arrest somebody? If they're suspected of committing a crime yes.