Baltimore prosecutors say*Freddie Gray’s arrest was illegal before police officers found a knife on him, challenging claims by the officers’ lawyers that the arrest was proper because it was illegal for Mr. Gray to possess the knife.
The statements in court papers mark the first time prosecutors have elaborated on their view of Mr. Gray’s arrest since Baltimore State’s Attorney*Marilyn Mosbyannounced charges against six officers*in Mr. Gray’s death on May 1.
A charging document filed May 1 “makes clear that Mr. Gray was arrested well before the arresting officers knew he possessed a knife,” Chief Deputy State’s Attorney*Michael Schatzow*wrote in court papers filed Monday, suggesting the legality of the knife isn’t key.
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“It appears the state’s attorney’s office has changed their theory,” said attorney*Ivan Bates,*who represents Sgt.*Alicia White.*“I think that would go to show that there was a rush to prosecute.”
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Police can briefly detain a person based on reasonable suspicion, a lesser standard than probable cause. The U.S. Supreme Court has ruled that a suspect fleeing police in a high-crime area, such as police say Mr. Gray did before his arrest, gives rise to such suspicion.
Prosecutors will have to show that police had no basis for arresting Mr. Gray after they stopped him, legal experts said, and that means prosecutors likely will have to show the knife was clearly legal. Mr. Gray was charged with illegal possession of a switchblade.
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The case has significantly elevated Ms. Mosby’s profile. Last week, she sat down with Vogue magazine for an interview. Ms. Mosby’s spokeswoman and freelance journalist Heidi Mitchell both said Ms. Mosby didn’t discuss the criminal case during the interview, which Vogue had requested.
http://www.wsj.com/articles/baltimo...t-was-illegal-before-finding-knife-1432076045
