On 4/1/2012 9:36 PM, HeyBub wrote:
Ron wrote:
Check this out

http://www.flcourts.org/gen_public/f...ce%20Guide.pdf

I think he will be charged with *something*, convicted is another
story.
Could be. There are several reasons, however why Zimmerman wasn't arrested.

* A warrant for an arrest must state "probable cause" that the accused
committed a crime. Evidently there was some disagreement as to whether there
was sufficient evidence of a crime.

* Upon arrest, the "speedy trial act" clock begins. If an arrest is not
necessary, it would be foolish to arrest someone and put the prosecution
under an unnecessary time constratint.

* Even if arrested, Zimmerman would make bond in a heartbeat, maybe even
release on PR, so the arrest would serve no good purpose.

* Florida law specifically PROHIBITS an arrest in a probable self-defense
case.

* The sanctions for a false arrest are substantial. Who would be willing to
risk them?

Try to follow along:

Florida Statutes #776.012
Use of force in defense of person - A person is justified in using force
that is intended or likely to cause death or bodily injury against another
when and to the extent that the person reasonably believes that such conduct
is necessary to defend himself or herself against the other's imminent use
of unlawful force.

Now add to the above
Florida Statutes #776.032
Immunity from criminal prosecution and civil action for justifiable use of
force - (1) A person who uses force as described in #776.012... is justified
in using such force and is immune from criminal prosecution and civil action
for the use of such force. (2) A law enforcement agency may use standard
procedures for investigating the use of force, but the agency may not arrest
the person for using force unless it determines that probable cause exists
showing that the force that was used was unlawful.

It's crystal clear that the cops did NOT have probable cause to believe
Zimmerman acted unlawfully. All they had, at the scene, was Zimmerman's word
against nobody's!

The forensic evidence and semi-witness accounts may elevate the cop's
thinking to the probable cause level, but at the time, on the street, they
just couldn't do it.



Good analysis.