[sport]

It does not take anything away. Probable cause is always been the basis of an arrest, the same applies with a traffic stop. And what is probable cause”? It is more than mere suspicion, but less than certainty.

[mac_truck]

It does not take anything away.

Lol...whut?

[Cboldt]

In practice, probable cause is whatever the judge accepts as sufficient supporting evidence. In this case, the judge accepts ZILCH, absence of evidence, as sufficient.

It's generally not practical to litigate this type of judicial error, because the legal/trial process moves faster than the appeal process. Judges are heavily biased against defendant at this stage of the process, and openly deviate from the law. Police, prosecutors and trial judges are a team, with close to zero probability of being penalized for violation of due process, as long as the violations aren't egregious, "shock the conscience" level.