re: #602 Mich-again

OK here is the law..

So it doesn’t say anything about a judge needing to determine if an arrest can be made. It says the police need probable cause that the force used was unlawful. There was probable cause. They should have arrested Zimmerman and let him plead his case to someone else that his use of force was justified.

What was the probable cause, described at the scene, that Zimmerman’s use of force wasn’t lawful? The lead investigator expressed disbelief in his version of the story, but a gut feeling isn’t really probable cause. Perversely, some of the theoretical evidence that might possibly have provided probable cause can only be gathered after an arrest has been made, such as by drug screening.