Is a police officer required to present evidence of criminal intent before issuing an arrest warrant?

MultiRegion, United States of America

The following excerpt is from Krause v. Bennett, 887 F.2d 362 (2nd Cir. 1989):

A contrary holding would put an unfair burden on law enforcement officers. It would be unreasonable and impractical to require that every innocent explanation for activity that suggests criminal behavior be proved wrong, or even contradicted, before an arrest warrant could be issued with impunity. See Criss, 867 F.2d at 263 ("[t]o hold otherwise would be to allow every suspect, guilty or innocent, to avoid arrest simply by claiming 'it wasn't me' "). It is up to the factfinder to determine whether a defendant's story holds water, not the arresting officer. Cf. United States v. Malsom, 779 F.2d 1228, 1233 (7th Cir.1985) (question of whether necessary criminal intent is established is for factfinder). Once officers possess facts sufficient to establish probable cause, they are neither required nor allowed to sit as prosecutor, judge or jury. Their function is to apprehend those suspected of wrongdoing, and not to finally determine guilt through a weighing of the evidence.

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