Probable Cause Threshold Allegedly police do not need absolute certainty or a flawless investigation to make an arrest. They only need probable cause, which means the facts and information available to them at the time would lead a reasonable person to believe a crime was committed. The Victim's Word: In many cases (such as domestic disputes or assault), a single detailed accusation from an alleged victim can legally establish probable cause on its own, even if there is no physical evidence. When a Bad Investigation Violates the Constitution courts do not require police to conduct a perfect investigation, an arrest becomes an unconstitutional false arrest or wrongful detention under the Fourth Amendment in the following scenarios: Disregarding Clear Evidence Officers cannot turn a blind eye to readily available, highly credible evidence that proves a suspect's innocence. If they actively ignore a bulletproof alibi or video evidence presented to them before the arrest, they may lose their legal immunity. Reckless Disregard for the Truth If officers base an arrest warrant on allegations they know are highly suspect, or if they lie/omit key facts to get a warrant from a judge, the arrest is unlawful. Uncorroborated Tips A vague or unverified phone call from a witness, without any independent police observation or supporting evidence, is generally not enough to establish probable cause for an arrest. Key Supreme Court PrecedentIn the landmark case Baker v. McCollan (1979), the U.S. Supreme Court ruled that if an arrest is made based on a legally valid warrant, the police do not have a constitutional duty to investigate every claim of innocence or mistaken identity immediately. The proper place to sort out false allegations and poor investigations is in the courtroom, not during the arrest itself. ***However, if police deliberately withhold clearing evidence after the arrest to keep someone in jail, they can be sued for malicious prosecution.*** Sounds familiar? What’s your experience and/or opinion? Comment let’s share with eachother and start the conversation. Silence isn’t protecting us. #defense #police #judge #misconduct #criminal - @flipflops.caulk