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Notes -
Agreed. In that case, we would have another remedy: the officer deposits his affidavit under penalty of perjury, and the defense will shortly learn of what facts he has claimed. If he had just claimed "the accused posted on Facebook that he would destroy America for ISIS", and it later turns out that this was a fabrication, that is one particularly vile count of forswearing, the kind which has been punished harshly since the times of Mosaic law.
And yes, the job of the judge is very much to form a preliminary legal interpretation of the facts attested by the officer. If he just follows the officers interpretation of the law ("posting that, he threatened to shoot up a school"), there would be no reason for judicial oversight at all. In civilized countries, there will generally be a hearing of some sorts. Typically, police custody is limited to 24 or 48 hours, and if the cops want to keep you longer, they need you to drag you in front of a judge and convince them that you merit imprisonment. So the person in custody would have the chance to make their case that they merely posted a commonly used meme picture.
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