Q: Can a "witness statement" be used for probable cause to detain? Even if he has an alibi.
Boyfriend charged with 1st degree felony arson due to witness statement but in the second part of her statememt it was proved by firefighters she was wrong.
A: Yes, a witness statement can be used for probable cause to detain.
Jonathan Matthew Holson agrees with this answer
A: I've seen a witness statement used as probable cause to detain. But I have also challenged whether such a witness statement actually supported probable cause, after the detention, in front of a judge. That issue should be evaluated in light of all available evidence and pretrial discovery, as well as all other potential pretrial motion issues, by the defendant's criminal defense lawyer.
Jonathan Matthew Holson agrees with this answer
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