Being arrested doesn't mean you did something bad, wrong, against law. They just think you did, or claim they believe you did, or saw you do it. Yes maybe you didn't, but in case you dd, we'll arrest you, put you jail, and wait for your court date or get bailed out. Maybe you didn't do anything but you are still being punished, locked up, your freedom of movement is restricted to a cell or room. You are innocent possibly but you are still locked up. You gotta wait until a judge decides whether you are truely innoscent. Cops can't make that determination before arresting. Yes, th more real evidence the better. But evidence or no evidence, you can still get arrested and put in jail. I think you are drunk and driving because you smell like beer, like you can't stench of beer and not be drunk. Maybe someone spilled it on you. Maybe you are over the legal limit though, we'll arrest you just in case. Your not directly guilty of a crime but guilty enough to be arrested, locked in jail, etc.
2007-09-20 04:29:01 · 8 answers · asked by Chad H 1 in Politics & Government ➔ Law & Ethics
sometimes it is the judge. if it's taken to trial or someones pressing charges. then it is the juries decision. And probable cause, my ***! They try to arrest you, you resist a little because you think they have no probable cause. The cops overeact say you're resisting arrest. There's your "probable cause" haha, there you go, you gave them probable cause by seeming to appear to get away or escape. Or just by them saying you were resisting. Tadah, probable cause, bull crap!
2007-09-20 04:53:31 · update #1
You can't be held without probable cause. The police are not allowed to arrest anyone without reason.
The jury, not the judge, determines guilt or innocence.
But otherwise, you are basically right.
2007-09-20 04:38:31 · answer #1 · answered by Ranto 7 · 1⤊ 1⤋
No, innocent until proven guilty does not mean you can be arrested for no reason.
You are obviously familiar with the concept of probable cause, but you just disagree that there was probable cause in the situation you describe. The cops disagree. That's why we have courts.
And, yes, resisting arrest when you are being pulled in for drunk driving will make you look more guilty. Drunks are more likely to be combative and the guilty are more likely to try to flee.
The cops don't know what you smell like before they pull you over. So what else happened that got their attention?
If you want to put on the best defense here, you need to get a little more realistic about it.
Good luck to you.
2007-09-20 08:48:16 · answer #2 · answered by raichasays 7 · 0⤊ 0⤋
Is there a question here? In order to be arrested police must have probable cause, defined as a fair probability that a crime has been committed AND that the arrested person has committed that crime. As for your drunk driving example, if you smell like beer the cop will give you a breathlyzer test and if you blow under the legal limit you won't be arrested (unless you are underage and there is a not a drop law).
True you can be arrested if you are innocent, but that is why the process does not end at arrest and you get a trial in front of a jury of your peers. Furthermore, the State has a very high burden of proof-"beyond a reasonable doubt."
2007-09-20 04:39:31 · answer #3 · answered by AFM 2 · 0⤊ 1⤋
Recall the opening to "Law and Order"
one group ( Cops ) arrests on the basis of reports by witnesses
and evidence found at the scene of a crime...
the other group ( prosecutors ) uses the evidence and testimony to persuade a judge or jury to convict, while a defense team attempts to prove the prosecutors wrong.
2007-09-20 08:20:21 · answer #4 · answered by sirbobby98121 7 · 0⤊ 0⤋
Being arrested is not the same as being sentenced. In order to arrest someone, at least in the US, there has to be justifiable cause, meaning, yes, as long as they think you did something, they can arrest you, but they cannot hold you indefinitely.
2007-09-20 04:38:44 · answer #5 · answered by vyperjeedai 4 · 0⤊ 0⤋
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A person can be arrested if there is probable cause that he has committed a crime. I think you need to study up on the law. After all, a mind is a terrible thing to waste.
2016-04-10 09:04:32 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Correct, technically, but they do need probable cause, either from the police directly, or proven through an arrest warrant.
2007-09-20 07:19:05 · answer #7 · answered by Hillary 6 · 0⤊ 0⤋
First they give you a sobriety test before they arrest you for DUI. Second, they should say guilty until proven innocent.
2007-09-20 04:39:06 · answer #8 · answered by shellshell 6 · 1⤊ 0⤋