In the arrest affidavit for George Zimmerman the state of Florida states probable cause in the following statement: “When the police dispatcher realized Zimmerman was pursuing Martin, he instructed Zimmerman not to do that and that the responding officer would meet him. Zimmerman disregarded the police dispatcher and continued to follow Martin who was trying to return to the house.”

According to the 911 call, when Zimmerman was told by the dispatcher not to follow Trayvon Martin, he said “OK,” as Megyn Kelly pointed out that it's in question whether Zimmerman did follow Martin. Defense Attorney Mark Eiglarsh agrees that it is in question but says this is typical because “law enforcement knows that this arrest affidavit will be used to vigorously cross examine them. If somehow what they put in here doesn’t add up, it would undermine their entire investigation. So what I have to believe

is that law enforcement does have additional evidence.”

Eiglarsh continued saying that they’re under no obligation to put all of the evidence in an affidavit therefore, “Here’s what this case comes down to: did George Zimmerman turn his back on Trayvon and walk to his car like Zimmerman’s brother alleges. If that’s the case then a strong argument could be made by Zimmerman’s lawyer that he then retreated from the threat and that then Trayvon becomes the aggressor.”