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Comment by UncleMeat

23 days ago

This only works for excluding evidence acquired illegally. Cases are not dismissed based on lack of probable cause. You also cannot exclude the person even if the method of their arrest was illegal. Watching some court room feeds online doesn't actually teach you meaningful things here.

And what you describe only helps you avoid a conviction. It does not actually remedy the violation of your rights. If a federal agent just beats the shit out of you for no reason and then you are not charged then the mechanism of suing them is Bivens, which has been gutted by the courts.

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UncleMeat

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sejje  23 days ago

> Cases are not dismissed based on lack of probable cause.

I must insist that they are.

"Police must have probable cause to arrest you, and when officers lack sufficient facts and circumstances to justify arrest, courts dismiss resulting charges. Arrests based on hunches, profiling, or insufficient information violate Fourth Amendment protections."

One of the first Google results for my search. Several others say the same.

https://collincountylaw.com/blog/top-signs-your-case-might-g...

  • UncleMeat  22 days ago

    4th amendment violates are cured by the exclusionary rule, which only applies to evidence. "Oopsey-doopsey your arrest was illegal" does not actually turn into a complete dismissal automatically.

    And with Bivens basically dead you cannot sue the agent for violating your rights.