What?!?! I'm not sure why this case seems to have a different set of rules than every other case. No one said that the trial is over. But the role of the police in determining who is responsible is paramount to every single criminal case! The evidence HAS gone before a judge. Who had to agree that there is enough evidence to arrest THIS guy. Not just some guy.
Arrest Warrants: What's in Them, How Police Get Them
How the Police Obtain an Arrest Warrant
To obtain a warrant, a police officer typically submits a written affidavit to a judge or magistrate. The affidavit, given under oath, must recite sufficient factual information to
establish probable cause that a crime was committed and that the person named in the warrant committed it. A description so broad that it could apply to hundreds of people will not suffice.
For instance, a judge will not issue a warrant to arrest "Rich Johnson" based on an affidavit that "a liquor store was held up by a bald, potbellied man of medium height, and Rich Johnson matches that description." That description doesn't establish probable cause to believe that Rich Johnson robbed the liquor store, because the vague description would apply to numerous people. On the other hand, probable cause to arrest Rich Johnson probably would be adequate if the affidavit included the factual information that "the liquor store clerk and three witnesses identified a photo of Rich Johnson as the person who held up the liquor store."
And before people start saying there was vs wasn't a warrant...
When can police arrest a suspect without an arrest warrant?
What is a warrantless arrest?
As the name implies, a warrantless arrest is simply an arrest without a warrant. When police officers make a warrantless arrest, a judge does not have a chance to determine ahead of time whether the police have probable cause to make the arrest. Nevertheless, the Fourth amendment probable cause requirement remains the same. For a suspect to remain in custody following an arrest, the police must speedily satisfy a judge or magistrate that they had probable cause to make the arrest. (
Gerstein v. Pugh, U.S. Sup. Ct. 1975)