Was it legal for police to question and investigate a crime without probable cause?

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Was it legal for police to question and investigate a crime without probable cause?

I am an educator, and through a complaint by another teacher (unrelated to the crime I’ve been charged with), police questioned students, addressed the complaint, and found no further need to investigate. Upon questioning of witnesses, they asked questions outside the scope of their current investigation, and got testimony about a different “alleged crime”. There was no need to ask these questions, and no probable cause that there was any wrong doing. I am now facing charges that from an “alleged crime”.

Asked on April 27, 2012 under Criminal Law, Oregon

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The police can ask whateever they want; it is up to the witnesses or interviewees to decide whether to have counsel present to protect themselves or to say anything. Probable cause can be obtained by any way possible as long as it is not illegal. Police interviews are not illegal in the scenario you described. Your best approach at this point is to obtain an attorney who can obtain the police report, talk to these witnesses and see if he or she can get these charges dropped.


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