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Re:Bob Lee, Former CTO Square, Creator of CashApp, Stabbed t... by woodruffw on Wednesday April 05, 2023 @05:28AM (#35451484)
I don't think they're accusing you of lying; I think what they're saying is that your expectations (and blame) are misplaced: the police are not empowered to make arrest decisions based on how likely they think the DA is to prosecute. The fact that they're making those decisions extralegally suggests that they were playing political hot potato to sink a DA they don't like.

(It's worth noting that Boudin was recalled nearly a year ago, and so perhaps the SFPD will have discovered the will to cooperate with the new DA.)

Re:Bob Lee, Former CTO Square, Creator of CashApp, Stabbed t... by DannyBee on Wednesday April 05, 2023 @06:51AM (#35452027)
Lawyer here:

In the US, The police are so empowered and do it all the time. I am unsure why gp thinks otherwise. They are not required to nor do they simply get arrest warrants in every case they think they have probable cause. Anything else would be silly. They would get an arrest warrant, arrest, it would get dismissed without charges at the initial hearing a day later.

If the DA is involved already or they know the office policy, Cops will not get an arrest warrant if the DA is not going to back them.

If DA is not yet involved they may do it for various reasons, but again, they usually aren't going to touch it if they know the DA won't back them. They have too much to do to be that passive aggressive.

As for the other part, Whether individuals can get arrest warrants actually varies from state to state, though it is very uncommon no matter what.