United States of America Ex Rel. Ronald Burbank v. Warden, Illinois State Penitentiary

I am unable to agree that the knowledge of Officer Fitzgerald at the time of arrest gave him probable cause to believe that Burbank had committed the crime. The description provided by the eyewitnesses, which lacked significant identifying characteristics, coupled with Fitzgerald’s prior knowledge of the defendant’s appearance, behavior and address does not constitute information sufficient for probable cause to believe that defendant committed the crime. Our system of justice may well need to develop a procedure which safeguards the rights of a suspect, but allows the police, with less than…