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Yet Gates's fit of pique somehow became cause for arrest.
His family lawyers argue police had no probable cause for arrest and that his only crime was "running while black".
A man has had a few drinks and is sassy, but I question whether this is a cause for arrest. . . .
Even the smell of alcohol on a person's breath in Pine Ridge has been cause for arrest.
That emphasis, we think, goes much too far in confusing and disregarding [p173] the difference between what is required to prove guilt in a criminal case and what is required to show probable cause for arrest or search.
A contrary holding here would mean that a vague suspicion could be transformed into probable cause for arrest by reason of ambiguous conduct which the arresting officers themselves have provoked.
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This isn't to say there is never probable cause for arrests or that many of the people arrested don't need to be brought to justice.
But the legal precedent for such stops requires the police to have reasonable suspicion, a standard less stringent than the probable cause required for arrest.
This scenario was once, in fact, a nightmarish reality in America, during the years just after the U.S. entered World War I. Almost any utterance of dissent — about the war or the conscription of young men into the military — was cause enough for arrest and imprisonment.
Should the police officer arrest the two black men (but not the two white men) in my earlier hypothetical because the probability of their guilt (70%) statistically satisfies the Fourth Amendment's "probable cause" standard for arrest?
Certain other causes for arresting the judgment are assigned in the record, which deny the constitutionality of the Enforcement Act; but, having come to the conclusion that the indictment is insufficient, it is not necessary to consider that question.
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