Is a car description enough to make an arrest?

Question

Say a crime was commited, a witness identifies a unique description of what is said to be the getaway car. The owner of the car is stopped and arrested..is this enough probable cause to charge the owner of the car with the crime? If so, even if the owner's physical appearance could not be identified, and no other evidence?

Answer 1

How 'unique' is the car? If it is reasonable to concluded only ONE car fits the description, and the car is found in a location consistent with leaving the scene of the crime at the time of the crime, it is probably enough for an arrest. No prosecutor will actually pursue charges without more that this.

Answer 2

There are certainly other factors involved, but in general I would say a vehicle description is not enough to make an arrest. If the vehicle was seen fleeing from the scene of the crime and then police stopped the vehicle seconds later, they would be getting closer to a case. The defense would argue that there is no way for police to know who committed the crime, and that the arrestee might have been a passenger when the real culprit bailed, leaving the innocent passenger to drive himself home. Does that help?

Answer 3

It is enough (based on the limited info you gave) to stop the vehicle and detain the occupant/s. Barring any other info or evidence, I would say not a chance for an arrest solely based on a vehicle description.

I am sure if I think about it (or others come on here after me) there will be exceptions to this, but overall, I say no.

Answer 4

Enough for an arrest yes, but probably not a conviction. They will try for a plea deal and if the guy is really innocent, he should go to trial with a good attorney and try to win vindication.