Is there a way I can find out what the arresting officers probable cause was?

Asked about 2 years ago - Salem, OR

I was falsely arrested for harassment. The complainant tried to make a case for stalking.
In the complainants report to the officer thr should have been many questionable elements.
The credibility of the complainant, timeline discrepancies, motive, etc.

Attorney answers (3)

  1. Jeremiah Vail Ross

    Pro

    Contributor Level 9

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    Answered . It is important to remember that many times Police Officers are not objective fact finders. They are tasked with making arrests to prevent and deter future crime. Many times in a harassment case only the complaining witnesses unchallenged side of story is relied upon and charges are filed. The Officer is simply attempting to get enough facts to develop probable cause for an arrest. It is very common for exculpatory evidence (evidence that shows the suspect is innocent) to be omitted from a police report. However, the state is still tasked with proving you are guilty beyond a reasonable doubt.

    A good criminal defense Attorney will be able to point out the complaining witnesses credibility issues and the discrepancies in the complaining witnesses story. Every Defense Attorney has tools they use to get this information in order to discover the truth surrounding an allegation. That is why it is imperative that you have a good defense attorney to defend you on these charges.

    This posting does not create an attorney client relationship and is for informational purposes only.
  2. Monty K Vandermay

    Contributor Level 6

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    Answered . If there is a charge pending against you, request discovery from the prosecutors office. If the charges were dropped send a letter to the police agency that effected your arrest. you will need to refer to the Oregon Public Records Act. However, you are entitled to their records unless an exception applies. If they claim an exception you must then complain to the district attorney for the county in which the arrest took place. If they too deny your request there is a petition you can file in Circuit Court. Or you can hire an attorney.

  3. Harry Edward Hudson Jr

    Contributor Level 20

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    Answered . Not sure other than a direct question which may or may not be in your interest. Discuss the case and its several elements with your attorney.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more

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