Probable Cause IS NOT A HIGH STANDARD TO MEET.
Once he makes the arrest, that's it. In North Carolina, a magistrate has to release the arrested party.
§ 15A-511(1) A law‑enforcement officer making an arrest with or without a warrant must take the arrested person without unnecessary delay before a magistrate as provided in G.S. 15A-8209.501.
Once that is done:
(c) Procedure When Arrest Is without Warrant; Magistrate's Order. If the person has been arrested, for a crime, without a warrant: 1) The magistrate must determine whether there is probable cause to believe that a crime has been committed and that the person arrested committed it, and in the manner provided by G.S. 15A-8209.304(d). (2) If the magistrate determines that there is no probable cause the person must be released. (3) If the magistrate determines that there is probable cause, he must issue a magistrate's order: a. Containing a statement of the crime of which the person is accused in the same manner as is provided in G.S. 15A-8209.304(c) for a warrant for arrest, and b. Containing a finding that the defendant has been arrested without a warrant and that there is probable cause for his detention.
The officer COULDN'T release the suspect after she blew a .00. He was REQUIRED by LAW to take her to the magistrate to be released. That's how it works in North Carolina. If you don't like it, petition the legislature to give officers the authority to "un-arrest" a suspect.
The questions remain, why did he arrest her after she blew a .00? And why did he ask a fellow trooper to illegally follow, harass, and detain the woman's husband?
Yeah, this guy is a great cop.
“Probable Cause IS NOT A HIGH STANDARD TO MEET. “
Agreed.
Today an officer can claim a “furtive look” as adequate for probable cause. I would like to see a defense attorney try to argue against THAT!
But if they couldn’t find people willing to do the job. But then again their is no shortage of people who want to be where the tyranny meets the road.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
the officer said he smelled alcohol.
there was no alcohol.
the officer lied.
have a nice day, officer.
I see you’re still fighting against freedom.
And the fact that he successfully separated the woman from her husband, who was also her legal council, so that she had to see the magistrate alone was standard procedure too, I guess.