Probable cause standard of arrest

Last edited: January 07, 2011

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Drafters should consider a probable cause standard of arrest, which allows police to arrest and detain an offender if they determine that there is probable cause that a crime has occurred even if they did not witness the offence. See Minnesota Statutes, sec. 518B.01, subd. 14(e), which uses a “mandatory arrest” standard and law of South Carolina, Ssec. 16-25-70 (A), which uses a “presumptive arrest” standard. See also Family Violence: A Model State Code, sec. 205(A) and 205(B) and associated Commentary; Law Enforcement Reform Efforts, StopVAW