He ruled that calls for the violent overthrow of the American government posed enough of a "probable danger" to justify the invasion of free speech.
When Mosby initially announced the charges on May 1, she said police had no probable cause to justify Gray's April 12 arrest, and that the officers involved were negligent in his death.
State's Attorney Marilyn J. Mosby announced the decision at a news conference held Friday morning, declaring that police had no probable cause to justify Gray's arrest and that the officers involved were negligent in his death.
In United States v. Rabinowitz, Minton wrote the Court's opinion upholding a lower court ruling which allowed police to search automobiles without a warrant, provided there was probable cause to justify the search.
To make a stop, police must have reasonable suspicion that a crime is about to occur or has occurred – a standard lower than the probable cause needed to justify an arrest.
The stop-and-frisk program lets police stop someone when there is a reasonable suspicion that a crime is about to occur or has occurred — a standard lower than the probable cause needed to justify an arrest.
Dr. Zito said, "It is not really clear that children this young could meet the diagnostic criteria for either attention deficit hyperactivity disorder or depression, and those are the probable diagnoses given to justify the use of stimulants, clonidine and antidepressants".
In her long ruling, she determined at least 200,000 stops were made without reasonable suspicion, the necessary legal benchmark, lower than the standard of probable cause needed to justify an arrest.
Asked by defense lawyer Sam Bregman what standard he used to justify probable cause, the judge said "what a reasonable police officer in that situation would do".
Ordinarily, unless the police trespass or otherwise intrude upon a reasonable expectation of privacy, they need not have probable cause or a warrant to justify their investigative activity.
