E.D.Mich.: No right to be arrested at earliest possible time

It is not unreasonable to observe a misdemeanor and wait an hour to arrest the defendant when he’s doing something else. Here, they waited for him to leave a bar so the arrest wouldn’t be inside. United States v. Watkins, 2015 U.S. Dist. LEXIS 20876 (E.D.Mich. February 22, 2015). See Treatise § 6.02 nn. 18-19 (“Also, ‘[t]here is no constitutional right to be arrested at the moment there is probable cause.’”); see also the federal practice of “catch and release” cases where the defendant is arrested and released in state court in the hopes that he will offend again so the punishment will be greater in federal court.

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