Can a federal marshal obtain an independent, impartial determination that they had probable cause to arrest appellant?

1 The marshals did not obtain an independent, impartial determination that they had probable cause to arrest appellant. The incentives that encourage the use of the warrant process are undermined by the resolution of close cases in favor of law enforcement when the officers do not first obtain a neutral review of the facts and circumstances comprising probable cause before the arrest. " '[T]he resolution of doubtful or marginal cases [regarding probable cause] should be largely determined by the preference to be accorded to warrants.' " Illinois v. Gates, 462 U.S. 213, 237, n. 10, 103 S.Ct. 2317, 2331, n. 10 (1983) (quoting United States v. Ventresca, 380 U.S. 102, 109, 85 S.Ct. 741, 746, 13 L.Ed.2d 684 (1965)).