probable cause

[glitterbutt]

I am in douglas county colorado.
does an officer have probable cause to make an arrest if he knows the actions taken were legal?
I mean by that, the actions taken were forceful (firearms menacing/brandishing), but fall directly under several self defense laws.
Including castle doctrine (make my day law), self defense, defense of others, defense of property.

 

[justalayman]

If the actions taken were clearly legal, he has no PC to arrest. If there is a question as to the legality, it could allow him to arrest you. WIth most castle doctrine laws, the law does not make the acts legal but rather provides a defense to the crime. Whether the defense is applicable is something the DA or courts will determine.

 

[glitterbutt]

the charges were dropped prior to filing by the DA, does that most likely mean there was no probable cause for an arrest since they have no probable cause to file?

 

[dave33]

the charges were dropped prior to filing by the DA, does that most likely mean there was no probable cause for an arrest since they have no probable cause to file?

No, the fact the d.a. did not file, by itself does not mean a wrongful arrest occured. To make an accurate wrongful arrest determination, a local attorney would need to scrutinize everything involved.
It is unlikely an officer would leave themselves open to a civil suit. They are very well versed in report writing. Often, the report will not be anything like the defendant thinks it will be. goodluck.

 

[CdwJava]

Probable cause requires a significantly lower burden of proof than that required for a conviction. Do not presume that by the DA not filing charges that he or she believes there was no probable cause. This happens a lot.

Most self defense matters are issues to be raised as a defense at trial and not a matter for evaluation by the officers in the field.

http://www.lexisnexis.com/hottopics/colorado?source=COLO;CODE&tocpath=1G8HF3QKZC9YJ08IV,2IKCPJHQMOM5AHP0K,3JG1IKVXA6O0OU7DJ;1QPPBWIYF47X5XJH1,2V6M2ZA37LIRVIQQL,3O969LYWFAKU2HEDT;1XV3Q1KXZKZ6HW7NR,2XSHF7KS8KEF4WKCC,3B64R7IFFFLGZJT8N&shortheader=no

 

[glitterbutt]

legally speaking, is that action taken that resulted in arrest considered a crime if clearly justified?
all the jargon says there must be probable cause that the person committed the crime for an arrest, which there clearly was, but if the crime was justified, is it still deemed a crime? If it is not deemed a crime, the probable cause goes away. does the definition fall apart there?
I have read somewhere that probable cause does not exist if the actions taken were legally justified. Just for fun lets assume they were.
the aggressor was arrested for attempted murder, seems enough right there.

does everyone get arrested when they are defending themselves?

i know there is alot of loopholes and stuff, but i am just curious of what should have happened.
probable cause can be brought up from almost anywhere to be strong enough for an arrest, but if the actions were justified, seems they lose it completely.

 

[CdwJava]

legally speaking, is that action taken that resulted in arrest considered a crime if clearly justified?
all the jargon says there must be probable cause that the person committed the crime for an arrest, which there clearly was, but if the crime was justified, is it still deemed a crime?

If there is no charge, then there is no conviction. The arrest would still stand unless there is a determination that no probable cause existed to support the arrest.

If it is not deemed a crime, the probable cause goes away. does the definition fall apart there?

Your focusing too much on the word "crime." That is not the issue. The issue is whether or not there is a conviction. Anything can be called a crime, but if not charged then no crime has been alleged.

does everyone get arrested when they are defending themselves?

No. But, very often they do. And even if they don't you can bet the matter will referred to the DA for review.

probable cause can be brought up from almost anywhere to be strong enough for an arrest, but if the actions were justified, seems they lose it completely

The police are not always in the best position at the scene of the incident to determine the legitimacy of a self defense claim as this tends to be an affirmative defense. There are circumstances in some states where the presumption may lie within the details.

But, even if the homicide is later ruled as justified, if there exists probable cause to make the arrest, the police can choose to make the arrest.