Did probable cause exist to continue to hold Pitt in custody exist after the showup? Were police malicious in continuing to hold Pitt in custody after the showup?

At noon two senior citizens were robbed by a man who followed them into their apartment. Mrs. Feldman called 911 and described the robber as a black man around 5'8" tall with a medium complexion and dark hair, who was wearing a black leather jacket and a "beige-y" shirt; the perpetrator did not use a weapon. A building employee, Dade, saw the robber, followed him, and was told to back away. The robber ran off. Alerted police officers saw Christopher Pitt, who matched the perpetrator's description. They followed his car; he was not speeding. Pitt was stopped, arrested and handcuffed. His clothes and physical characteristics matched the description of the robber. A consent search of Pitt's vehicle revealed a hunting knife and a BB gun. Pitt worked as a courier and kept the weapons for protection. He provided the police list of his deliveries and receipts for recent deliveries to the Kuwait embassy. Police officers brought the Feldmans and Dade to the arrest site. In a showup Mrs. Feldman told police that she got a good look at the robber and that she was certain he was not Pitt. Mr. Feldman said he did not think the robber was Pitt. Dade could not be sure whether Pitt was the robber. A police lieutenant who viewed building security tapes of the robbery said he thought was Pitt was the robber. The court noted that the video shows that the perpetrator clearly had a receding hairline, while Pitt has a full head of hair and to be stockier than Pitt. At that time Detective Bovino investigated Pitt's alibi about making embassy deliveries. A guard at the Kuwaiti Embassy later testified at the civil trial that a "Chris" had been at the embassy on the day of the robber but a detective testified that the guard told him that "he hasn't seen Chris today." The arrest affidavit made by Officers Adams and Baxter contained absolutely no mention of the Feldmans' negative identifications. Pitt spent ten days in custody. The case was later dismissed. Pitt sued Officers Adams and Baxter and Detective Bovino and the District of Columbia for false arrest and malicious prosecution. Such a suit depends in part on whether there was sufficient evidence for the police to arrest a suspect.
What will be an ideal response?


YES; YES

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