Legal Question in Criminal Law in Florida

Re: Do we have a civil rights case?

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From the Law.Com legal dictionary, probable cause is sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime. Probable cause must exist for a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime. While some cases are easy (pistols and illicit drugs in plain sight, gunshots, a suspect running from a liquor store with a clerk screaming "help"), actions "typical" of drug dealers, burglars, prostitutes, thieves, or people with guilt "written across their faces," are more difficult to categorize. "Probable cause" is often subjective, but if the police officer's belief or even hunch was correct, finding stolen goods, the hidden weapon or drugs may be claimed as self-fulfilling proof of probable cause. Technically, probable cause has to exist prior to arrest, search or seizure.

From the information presented, there are no grounds for a civil rights case although you may have a civil action against the alleged victim gave to the police if the statements can be proven to be totally false and without merit.

Scott R. Jay, Esq.

Re: Do we have a civil rights case?

No. Probable cause to arrest is a very low standard. If the police had a sworn statement from an alleged victim that accused your husband of a crime, that meets the legal standard of probable cause. To further explain, if a woman swears that a certain person raped her legally there is probable cause.

You may have civil recourse against the individual who made the allegations but what you describe is not a civil rights violation.

Re: Do we have a civil rights case?

i dont see an action here