Bloomfield Hills, MI asked in Criminal Law for Michigan

Q: Why does the US not allow the culprit to be arrested without evidence? I'm a 6th grade student writing an Essay on this.

If I killed my friend everyone and everyone said yes yes she killed her friend she told me she was going to but there was no physical evidence and everything pointed to me why am I unable to be arrested

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2 Lawyer Answers
Dana B. Carron
Dana B. Carron
  • Criminal Law Lawyer
  • Detroit, MI
  • Licensed in Michigan

A: Take a look at the following:

You can in fact be arrested without any physical evidence, as you will see by reviewing the above requirements for an arrest warrant to be issued.

The specific relevant info in the link that I sent you, states:

Examine the complaint to determine that it:

names or describes the person alleged to have committed an


alleges the commission of an offense and, for felonies, states the

name of the offense and the statutory or local ordinance citation

of the offense.

states with reasonable specificity the date of the offense.

specifies the place where the offense occurred. MCR 6.102(C);

MCL 764.1d.

 The factual allegations contained in the complaint, testimony,

or affidavits may be based upon personal knowledge,

information and belief, or both. MCL 764.1a(3).

 Determine whether there is probable cause to believe that the

person accused in the complaint committed the alleged offense.

MCL 764.1a(1); MCR 6.102(A). “A finding of probable cause

may be based on hearsay evidence and rely on factual

1MCR 6.102(B) applies to cases cognizable in the circuit court and other courts of equivalent criminal

jurisdiction. See MCR 6.001(A).

Michigan Judicial Institute Page 3

Issuing Arrest Warrant Checklist Last Updated 2/20/20

allegations in the complaint, affidavits from the complainant or

others, the testimony of a sworn witness adequately preserved

to permit review, or any combination of these sources.” MCR

6.102(B); MCL 764.1a(2).

Good luck on your paper.

1 user found this answer helpful

Brent T. Geers
Brent T. Geers
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Police need at least probable cause to arrest you. If you think about it like math, probable cause is like 51%. Additionally, there is what's called the corpus delecti rule - "body of the crime". In your fact scenario, the police would first need some evidence that your friend was killed (as opposed to natural causes, accident, or suicide). They can't just arrest you because they find a dead body and have people saying you did it. But if they could determine it was a homicide, and at least something else pointed to you having something to do with the death, then you absolutely can be arrested without physical evidence.

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