Comment by sejje

Comment by sejje 4 days ago

3 replies

> 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...

UncleMeat 4 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.

  • sejje 4 days ago

    > courts dismiss resulting charges

    • UncleMeat 3 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.