1. Ryan Elder
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    Ryan Elder Contributing Member

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    Is their a way to get around this probable cause law for my story?

    Discussion in 'Research' started by Ryan Elder, May 19, 2016.

    In my story, I wrote it so that a cop is on duty getting some lunch or taking a break, and sees something that makes him suspicious. He sees two men frisk another guy for weapons or a wire. So he thinks that maybe something questionable may be going on.

    He decides to watch as and follow discretely, possibly radioing it in, in the process.

    The men then get in their cars and drive a short distance to a private residence, like a house or something like that.

    After waiting for them to go inside, the cop looks around through the windows but does not see anything. He goes around the corner to a small basement window, with a small opening. He looks inside, and sees a tied up hostage, and there is a kidnapping in progress, with the hostage tied up, and possibly blindfolded too, struggling to get out.

    So the cop radios for back up again, and intervenes, when he sees that the hostage may be about to be harmed, and manages to save her, but also manages to arrest one of the kidnappers.

    They charge him with kidnapping and other kidnapping related offences. But I was told by a lawyer, when doing some fact checking that the charges would not hold up in a court of law, because the cop had no probable cause.

    Since the cop had to look around the house and look into a basement window to see the kidnapping, the probable cause is not 'immediately apparent', as the lawyer said, and the probable cause has to be immediately apparent for the charges to be stick and do any good.

    What do you think? Is their a way to write it so the cop can discover a kidnapping that would not be in plain immediately apparent view, and on a private residence, where the suspect could be charged and have it hold up?
     
  2. Lea`Brooks
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    Lea`Brooks Contributing Member Contributor

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    Didn't you already post this exact question a week ago?
     
  3. Ryan Elder
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    Ryan Elder Contributing Member

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    Crap, you're right. I went over the same part of my notes twice and forgot I did. Sorry about that everyone. Never mind the post. Sorry.
     

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