FL3: Probable cause for a false arrest case is determined at the time of the arrest, not later

Probable cause for a false arrest case is determined at the time of the arrest, and factors after the arrest that might show no probable cause are irrelevant. Miami-Dade County v. Asad, 78 So. 3d 660, 37 Fla. L. Weekly D 234 (Fla. App. 3d DCA 2012)* (on rehearing and under submission for nearly three years; Rehearing denied by Miami Dade County v. Asad, 2012 Fla. App. LEXIS 3761 (Fla. Dist. Ct. App. 3d Dist., Mar. 6, 2012)).

Post-conviction petitioner’s failure to show how defense counsel’s failure to file a motion to suppress would have been granted was insufficient. Watson v. State, 2012 Ark. 27, 2012 Ark. LEXIS 38 (January 26, 2012).*

There was reasonable suspicion to stop defendant and his identification by a victim as being a robber was probable cause. United States v. Anderson, 2011 U.S. Dist. LEXIS 152284 (W.D. Tenn. July 27, 2011).*