Probable Cause for Domestic Battery Arrest?

[netfocus]

Look at it the other way, the police could arrest the wife for making a false police report.

Well, I guess they have already picked who's side they're on - the prosecutors office seems intent on crucifying the husband; and in my opinion, the female assistant prosecutor is very very biased against men, by her actions which I dont want to go into detail about.

The wife is on a lot of prescription drugs and has mental issues to begin with, personally I think she might have twisted the situation enough in her mind to believe what she is saying, and then in the back of her mind is probably the strategic importance of what she is doing for the divorce - but this may be more of a subconscious thought. Just guessing.

 

[CdwJava]

The officer told the husband directly, that they were taking him in to cover there ass - and I don't see how that is probable cause.

What a pro-arrest policy does is take the discretion out of the officer's hands. Women were being killed and injured as a result of such discretion, and battered wives were being further intimidated by seemingly permitting the abuser to get away with the abuse. Thus, the cycle continued.

So, now, when there exists even minimal probable cause to support an arrest, very often the police will make an arrest. The fact that they may have stated they were doing it to cover their tails does not mean there was not probable cause. It means they think the P.C. is weak, but they are doing it anyway. This is the legal standard, like it or not.

The county they live in has made it policy that someone WILL be arrested when a domestic call is made and this has been made public - so then the question is, what if there is no probable cause??

Then no arrest should be made because it would be a false arrest. Likewise, it can be argued that if there is no probable cause, then no domestic violence took place ergo no need for an arrest under that stated policy.

This is the common verbal position of many agencies in many states, but they forget to include the caveat, "If there exists probable cause ..."

 

[DAD09]

Chances are you were not there to hear both statements, as it is typical procedure for the police to split the parties up and interview them outside of any other persons/people other than the officer interviewing. But your situation appears to have different circumstances**************

 

[netfocus]

Chances are you were not there to hear both statements, as it is typical procedure for the police to split the parties up and interview them outside of any other persons/people other than the officer interviewing. But your situation appears to have different circumstances**************

Yes I heard the husbands statement, and then read the police report for the wifes after - I did not hear everything she told the police, but she told me she just said she was struck but didn't want to prosecute - in short.

 

[netfocus]

Then no arrest should be made because it would be a false arrest. Likewise, it can be argued that if there is no probable cause, then no domestic violence took place ergo no need for an arrest under that stated policy.

This is the common verbal position of many agencies in many states, but they forget to include the caveat, "If there exists probable cause ..."

Well based on what everyone has posted here - probably cause can pretty much be anything, so I guess the officer and state is pretty much covered with such a low burden of proof.

I personally just had no idea that you could be arrested with no other evidence but a persons word (and your word means nothing) until now.

 

[CdwJava]

Well based on what everyone has posted here - probably cause can pretty much be anything, so I guess the officer and state is pretty much covered with such a low burden of proof.

I personally just had no idea that you could be arrested with no other evidence but a persons word (and your word means nothing) until now.

It happens in instances of DV more often than any other crime because of the mandates or encouragement placed upon law enforcement to make such an arrest. It is the insidious nature of DV that has created this environment and why arrests are so prevalent in domestic incidents.