Charles M. Porter v. United States District Court for the Middle District of Florida
SocialSecurity Immigration
Whether the warrantless arrest is unlawful due to insufficient probable cause
QUESTION(S) PRESENTED The sole point of this petition is the fact that Petitioner was arrested without probable cause. Hence, therefore, the warrantless arrest was unlawful. Point One Whether the warrantless arrest is unlawful because the facts stated in the arrest affidavit was insufficient to establish probable cause? Point Two Whether the Trial Court abused its discretion by its departure from the essential requirements of the law in allowing additional time to find evidence of probable cause absent a showing of “Extraordinary Circumstances” by the State pursuant to Fla. R. Crim. P. Rule 3.133? Point Three Whether Trial Court erred in denying Defense Counsel’s request for Petitioner to be released on his own recognizance for lack of probable cause? ii