Hacker News new | ask | show | jobs
by sejje 148 days ago
...many people get off because of police procedure problems.

I see it constantly in my courtroom youtube feeds. Judge: "And what was the probable cause?"

Prosecutor: "(some bullshit that's not legit PC)"

Judge: ::incredulous look:: "Mr. Criminal, I'm going to dismiss this case based on lack of probable cause. I suggest you take this opportunity to fix your problems and stay out of my courtroom...blah blah blah"

The smaller the crime (like obstruction, not exactly murder or anything), the more likely it works. I think because police often use small crimes as retaliation.

There's no mountain-sized barrier, you just have your attorney bring up probable cause with the judge.
1 comments
UncleMeat 148 days ago
This only works for excluding evidence acquired illegally. Cases are not dismissed based on lack of probable cause. You also cannot exclude the person even if the method of their arrest was illegal. Watching some court room feeds online doesn't actually teach you meaningful things here.

And what you describe only helps you avoid a conviction. It does not actually remedy the violation of your rights. If a federal agent just beats the shit out of you for no reason and then you are not charged then the mechanism of suing them is Bivens, which has been gutted by the courts.

link
sejje 148 days ago
> Cases are not dismissed based on lack of probable cause.

I must insist that they are.

"Police must have probable cause to arrest you, and when officers lack sufficient facts and circumstances to justify arrest, courts dismiss resulting charges. Arrests based on hunches, profiling, or insufficient information violate Fourth Amendment protections."

One of the first Google results for my search. Several others say the same.

https://collincountylaw.com/blog/top-signs-your-case-might-g...

link
UncleMeat 148 days ago
4th amendment violates are cured by the exclusionary rule, which only applies to evidence. "Oopsey-doopsey your arrest was illegal" does not actually turn into a complete dismissal automatically.

And with Bivens basically dead you cannot sue the agent for violating your rights.

link
sejje 147 days ago
> courts dismiss resulting charges
link
UncleMeat 147 days ago
Because of the exclusionary rule for evidence collected during an illegal arrest.

You are free to keep insisting that these phantom resolutions exist.

link