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Arrest Without Warrant Is Called In Minnesota
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US-000280
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For example, the officer may have been called to a store after reports of a shopper acting suspiciously. If the accused is threatening to rob the store or is in clear possession of a firearm, this would give the officer the required probable cause to make an arrest.
This means they need to show a reasonable belief that a crime has been, or will be, committed at the location in question. Probable cause is based on specific facts or circumstances that support the suspicion of criminal activity.
Once an officer has stopped you, they can form probable cause to search or arrest you based on additional observations. Probable cause is determined on a case-by-case basis, looking at the totality of the circumstances. The officer needs to have more than a "hunch" or a suspicion that you were up to something illegal.
In Minnesota, the 36-Hour Rule states that after being arrested, the person must be brought before a Judge within 36 hours. If it were that simple, there wouldn't be so much confusion. However, there are a long list of exclusions that can extend that 36 hour time period substantially.
Time Limit. When a person arrested without a warrant is not released under this rule or Rule 6, a judge must make a probable cause determination without unnecessary delay, and in any event within 48 hours from the time of the arrest, including the day of arrest, Saturdays, Sundays, and legal holidays.
Final answer: The answer is that reasonable suspicion is not a legitimate source of probable cause. Probable cause requires a higher standard of evidence than reasonable suspicion, which is used for less intrusive actions like stops and frisks.
Some courts and scholars have suggested probable cause could, in some circumstances, allow for a fact to be established as true to a standard of less than 51%, but as of August 2019, the United States Supreme Court has never ruled that the quantification of probable cause is anything less than 51%.
Rule 69. In aid of the judgment or execution, the judgment creditor, or successor in interest when that interest appears of record, may obtain discovery from any person, including the judgment debtor, in the manner provided by these rules.
If anyone has been arrested without a warrant based solely on an officer's determination of probable cause, such a person has the right to a hearing within 48 hours following their arrest (whether this includes weekends or holidays is within each court's discretion) in which an “independent” judge will review the ...