Legal Question in Criminal Law in Florida
I have several questions I guess the first one would be how to prove lack of probable cause when there's no dash cam or body cam recording
Asked on 4/24/22, 3:48 pm
1 Answer from Attorneys
Eric Trabin
Lucid Legal, PLLC
One doesn’t have to prove there is no probable cause, the burden is on the police and state. That said, probable cause is a very low burden. Probable cause simply means that it is probable that a crime was committed and this person committed it. There is no requirement for body cam or dash can recordings to prove a case beyond a reasonable doubt, let alone probable cause. Of course, a review of the charging affidavits and evidence provided should be enough to determine if there is or isn’t probable cause.
Answered on 4/24/22, 4:56 pm
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