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There was ample evidence to support a jury's verdict in favor of four officers involved in the search and seizure and arrest of the plaintiff on drug charges. The appeals court noted that the deputy could justify the arrest by showing probable cause for any crime, and that probable cause existed to arrest the plaintiff for interference with public duties in light of the prevailing law at the time of the arrest.
The woman claimed that the officers ordered her out of her car at gunpoint, threw her on the ground, handcuffed her, and detained her for approximately ten minutes. Please check back for updates!
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Police arrested a man and jailed him for over 50 hours when they mistakenly thought he was a serial ank robber. The officer, although ultimately mistaken, was entitled to qualified immunity on a false arrest claim, as a reasonable officer could believe that the leaves found were marijuana, giving him probable cause.
A federal appeals court ruled that there was no probable cause for the arrest in light of the undisputed fact that at the time of the arrests the officers knew that the guests had been invited there by a woman they reasonably believed to be a lawful resident.
A federal appeals court affirmed the dismissal of the intentional and negligent infliction of emotional distress claims and the negligence claims against a police officer and the District of Columbia, but held that allegations of the complaint sufficiently made out civil loczl claims for false arrest and excessive force, as well as common law assault, false arrest, and false imprisonment against the same officer. One of the officers was speaking with a group of attendees at the festival when the seemingly intoxicated plaintiff started shouting at them not to talk to the police.
Kopp,F. Carter v. LexisWL 4th Cir.
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A mere phone call reporting criminal activity, without corroboration, does not provide probable cause for an arrest. A federal appeals court upheld the rejection of qualified immunity for the officers, finding that the officers had not shown the existence of exigent circumstances justifying a warrantless entry. Therefore, the defendants were entitled to qualified immunity.
Goode,F. When Animal Control arrived and spoke to the man, he explained that he had shot at a trampoline with a BB gun to scare the cat. There is no right locap arrest people exercising their right to free speech, even in a loud manner, and the officer himself admitted that the woman had used no language that was insulting or degrading, only saying "hell" and "damn," and not even directing those words at him.
Site Search Submit. When the officer approached him, the plaintiff began yelling at the officer to leave.
A deputy sheriff had sufficient probable cause to arrest a woman for battery after a fight with her sister over the specifics of the last wishes of their cancer-stricken mother. County of Bernalillo,U.
Watlingten,U. C 11th Cir.
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Williams v. Altamirano,U. Brown,U.
The local resident, however, was only a squatter in the house, with no legal right to be there. Calumet City,U.
Nettles-Bey v. There were no exigent circumstances as there was no information that the arrestee was armed and likely to use a weapon sapes become violent, and an exception to the warrant requirement was needed for a warrantless entry into a home. A man was arrested and charged in connection with a bar fight that resulted in one dead victim and one badly injured one.
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LexisWL 11th Cir. An officer told him that he was not, but that his continued presence would constitute obstruction of a police detail and result in arrest.
Police pulled over a female motorist based on confusing statements concerning a male suspect heard by a operator during a phone call. Under these circumstances, a reasonable officer would know that deliberately misleading another officer into arresting an innocent individual to protect a sham investigation was unlawful. One of them prevented him from closing the door, entered his home, and refused to leave.
A Memphis, Tenn. A federal appeals court found that no reasonable officer could actually believe that the warrantless arrest was lawful under the alleged facts.
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Transactions are between the buyer and seller. He pointed it at my face. Additionally, at the time of the arrest, it was not clearly established that unlawful retaliation claims could arise from arrests supported by probable cause. Wesby v. A federal appeals court overturned a grant of qualified immunity to an officer who used a Taser roar the dart mode against a man and threatened to also use it on his wife.
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Flake,U. The officers were not entitled to qualified immunity.
The lawsuit against the city was reinstated and the plaintiff was entitled to amend his complaint within 21 days after the city filed a responsive pleading after the stay was lifted.