Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Enterprise

"The issue of probable cause would be interesting"

There is not sufficient probably cause here. The officer is so deficient he should be terminated along with all those superior to him on duty that day.


111 posted on 04/07/2005 3:46:56 PM PDT by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
[ Post Reply | Private Reply | To 105 | View Replies ]


To: Sola Veritas; Cboldt
Cboldt: "I assume the probable cause test is subjective, so if the cop is ignorant in matters of currency, and is honestly fooled into belief he has a perp passing counterfeit currency, then he has probable cause. A belief based on a mistake, to be sure."

That is basically the point I was trying to make. The three of us will roll our eyes upon learning that he was arrested for trying to pay with legitimate currency: two-dollar bills. We will all agree that it doesn't make sense. That being said, when or if, the issue is put to a jury in Maryland, will they believe that the officer, even if mistaken, or downright stupid, has probable cause to arrest? My guess is that they will laugh their asses off in deliberations at the dope, but won't award any money. Well, maybe a couple of thousand dollars.

120 posted on 04/07/2005 3:54:37 PM PDT by Enterprise (Abortion and "euthanasia" - the twin destroyers of the Democrat Party.)
[ Post Reply | Private Reply | To 111 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson