Defendant has no right to be arrested only at the earliest possible time. Officers can watch and let the situation develop to see what else happens. United States v. Davis, 2012 U.S. Dist. LEXIS 145849 (D. Neb. September 21, 2012)*:<\/p>\n
Law enforcement officers had informant information indicating the defendant was engaged in illegal drug activity during the summer and fall of 2011, and they had probable cause to arrest the defendant when they smelled marijuana and saw drug paraphernalia within his apartment in October of 2011. But the law does not require officers to initiate an arrest when they first have a basis to do so. They may choose to monitor a situation and further investigate, particularly when, based on their education and experience, they believe the magnitude of defendant’s criminal activity exceeds their current basis for arrest.<\/p><\/blockquote>\n
Defendant calls the affidavit for search warrant bare bones, but the argument picks out pieces and doesn\u2019t consider the affidavit as a whole which does, in fact, show probable cause. United States v. Gumula, 2012 U.S. Dist. LEXIS 146967 (W.D. N.C. June 29, 2012), R&R adopted 2012 U.S. Dist. LEXIS 143697 (W.D. N.C. October 3, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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