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It depends on the meaning of "can." Do you mean to ask whether it is lawful, or whether it is possible for police to make such an arrest, or whether it is possible for such an arrest to lead to a successful prosecution?

As Rock Ape correctly points out in another answer, such an arrest is unlawful. Nonetheless, police make attestsarrests without probable cause all the time. In the most egregious cases, the prosecutor recognizes this and orders the release of the arrested person.

But the police don't have to prove that they had probable cause until later. If they discover something after the arrest that allows them to make a credible claim that they had probable cause at the time of the arrest, then they'll get away with it. The less credible their claim, the more likely it is for the arrest to be found unlawful, whether by the prosecutor or, later still, by a judge.

It depends on the meaning of "can." Do you mean to ask whether it is lawful, or whether it is possible for police to make such an arrest, or whether it is possible for such an arrest to lead to a successful prosecution?

As Rock Ape correctly points out in another answer, such an arrest is unlawful. Nonetheless, police make attests without probable cause all the time. In the most egregious cases, the prosecutor recognizes this and orders the release of the arrested person.

But the police don't have to prove that they had probable cause until later. If they discover something after the arrest that allows them to make a credible claim that they had probable cause at the time of the arrest, then they'll get away with it. The less credible their claim, the more likely it is for the arrest to be found unlawful, whether by the prosecutor or, later still, by a judge.

It depends on the meaning of "can." Do you mean to ask whether it is lawful, or whether it is possible for police to make such an arrest, or whether it is possible for such an arrest to lead to a successful prosecution?

As Rock Ape correctly points out in another answer, such an arrest is unlawful. Nonetheless, police make arrests without probable cause all the time. In the most egregious cases, the prosecutor recognizes this and orders the release of the arrested person.

But the police don't have to prove that they had probable cause until later. If they discover something after the arrest that allows them to make a credible claim that they had probable cause at the time of the arrest, then they'll get away with it. The less credible their claim, the more likely it is for the arrest to be found unlawful, whether by the prosecutor or, later still, by a judge.

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phoog
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It depends on the meaning of "can." Do you mean to ask whether it is lawful, or whether it is possible for police are capable of makingto make such an arrest stick even if, or whether it is unlawfulpossible for such an arrest to lead to a successful prosecution?

As Rock Ape correctly points out in another answer, such an arrest is unlawful. But Nonetheless, police make attests without probable cause all the time. In the most egregious cases, the prosecutor recognizes this and orders the release of the arrested person.

But the police don't have to prove that they had probable cause until later. If they discover something after the arrest that allows them to make a credible claim that they had probable cause at the time of the arrest, then they'll get away with it. The less credible their claim, the more likely it is for the arrest to be found unlawful, whether by the prosecutor or, later still, by a judge.

It depends on the meaning of "can." Do you mean to ask whether it is lawful, or whether police are capable of making such an arrest stick even if it is unlawful?

As Rock Ape correctly points out in another answer, such an arrest is unlawful. But the police don't have to prove that they had probable cause until later. If they discover something after the arrest that allows them to make a credible claim that they had probable cause at the time of the arrest, then they'll get away with it. The less credible their claim, the more likely it is for the arrest to be found unlawful.

It depends on the meaning of "can." Do you mean to ask whether it is lawful, or whether it is possible for police to make such an arrest, or whether it is possible for such an arrest to lead to a successful prosecution?

As Rock Ape correctly points out in another answer, such an arrest is unlawful. Nonetheless, police make attests without probable cause all the time. In the most egregious cases, the prosecutor recognizes this and orders the release of the arrested person.

But the police don't have to prove that they had probable cause until later. If they discover something after the arrest that allows them to make a credible claim that they had probable cause at the time of the arrest, then they'll get away with it. The less credible their claim, the more likely it is for the arrest to be found unlawful, whether by the prosecutor or, later still, by a judge.

added 129 characters in body
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phoog
  • 40.1k
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It depends on the meaning of "can." As Do you mean to ask whether it is lawful, or whether police are capable of making such an arrest stick even if it is unlawful?

As Rock Ape correctly points out in another answer, such an arrest is unlawful. But the police don't have to prove that they had probable cause until later. If they discover something after the arrest that allows them to make a credible claim that they had probable cause at the time of the arrest, then they'll get away with it. The less credible their claim, the more likely it is for the arrest to be found unlawful.

It depends on the meaning of "can." As Rock Ape correctly points out in another answer, such an arrest is unlawful. But the police don't have to prove that they had probable cause until later. If they discover something after the arrest that allows them to make a credible claim that they had probable cause at the time of the arrest, then they'll get away with it. The less credible their claim, the more likely it is for the arrest to be found unlawful.

It depends on the meaning of "can." Do you mean to ask whether it is lawful, or whether police are capable of making such an arrest stick even if it is unlawful?

As Rock Ape correctly points out in another answer, such an arrest is unlawful. But the police don't have to prove that they had probable cause until later. If they discover something after the arrest that allows them to make a credible claim that they had probable cause at the time of the arrest, then they'll get away with it. The less credible their claim, the more likely it is for the arrest to be found unlawful.

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phoog
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