Re:American arrested after Canadian airport drug tests gave ...
by staticautomatic on Tuesday June 27, 2023 @02:55PM
(#36497171)
In the US, the cops essentially get a free pass to make mistaken arrests. The canonical example is arresting someone pursuant to a warrant that the cop thinks exists but doesn’t.
Re:American arrested after Canadian airport drug tests gave ...
by trogdor on Tuesday June 27, 2023 @03:43PM
(#36497698)
Why should a police officer who reasonably believes that a warrant exists be punished for making the arrest?
As far as I know, mistakes of fact (and mistakes of law) by the police are only excused if they are objectively reasonable given the circumstances. It’s not a universal get-out-of-jail-free card.
Re:American arrested after Canadian airport drug tests gave ...
by professor_x on Tuesday June 27, 2023 @04:02PM
(#36497935)
how does this happen in practice? This must all be computerized now, you’re either in the system or not. Why does the officers beliefs factor into whether or not you have a warrant
Re:American arrested after Canadian airport drug tests gave ...
by staticautomatic on Tuesday June 27, 2023 @04:08PM
(#36498005)
The standard IIRC is actually something more like subjectively reasonable good faith belief
With this in mind, it seems the reasonableness and probability requisite for arrest are eroded [2]. I wonder how courts continue to allow questionable science to serve as justification for arrests.
[0] https://www.sciencedirect.com/science/article/pii/S0026265X1...
[1] https://www.propublica.org/article/no-field-test-is-fail-saf...
[2] "Reasonable and probable grounds", is the requisite standard for arrest in Canada (similar to the U.S. standard).