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When the police falsely arrest you or beat you or do other terrible things to you, with few exceptions, the police almost always at least to attempt to procure your bogus criminal prosecution, when you were the victim and they are the criminal. Moreover, neither the police officer nor the public entity who employed them while he/she attempted to frame you are civilly liable to those who they attempted to frame.
If the District Attorney’s Office is a rubber-stamp for the police, the system breaks down; not in the number of prosecutions, but in the sense that justice is much less served.
Do you think that you can place your hands up and ask “Why”, prior to proning yourself?
How about if a peace officer orders you to turn around and place your hands behind your back, when you know that you haven’t done anything at all; do you think that you have the right to first ask him “Why” or ask the Officer “What’s going on” prior to doing so?
And where legal process has gone forward, but has done nothing to satisfy the probable-cause requirement, it cannot extinguish a detainee’s Fourth Amendment claim.
That was the case here: Because the judge’s determination of probable cause was based solely on fabricated evidence, it did not expunge Manuel’s Fourth Amendment claim.