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The appeals court noted that the spokaje 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. In this case, probable cause existed to arrest the plaintiff after she instructed her child to physically disobey the officer and the child complied. The deputy had legal authority to place the child in protective custody. Voss v. Goode,F. A reporter for a local news organization heard on a police scanner of multiple traffic stops in a specific area.

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The year-old left behind a young son. Officials believe her disappearance may be connected to the case of Danielle Bertolini who vanished shortly after Sheila. Danielle's remains were found in March ofin California's Eel River. She had been murdered. Both women were reportedly last seen with the same man, and police have said that person is considered a person of interest in both cases.

However, no charges have been filed. Le and searches have unearthed virtually no clues in any of their cases, but members of every family have banded together to help in the search efforts and cope with their shared grief. If you have any information regarding any of these five cases, please contact the San Francisco Police Department at Both men have also been missing for more than a decade and are feared dead.

Donald Cavanaugh, then 63, was reported missing in Mayin Ukiah, California after a dispute with his nephew, James DeNoyer, who was the ranch owner. David Neily, then 69, was reported missing in Westport, California just one year later, also reportedly after a confrontation with DeNoyer. Both men's vehicles were found on DeNoyer's ranch property. According to the Mendocino County Sheriff's Office, the investigations are considered open and ongoing. If you have information about either of these cases, you are encouraged to call the Mendocino County Sheriff's Office at But Rita never showed up at the baby shower.

No one has seen or heard from her since. Since Rita disappeared, police have deployed drones, helicopters, cadaver dogs, and search teams to try and find the missing mother of three. Authorities tell Dateline the case is very active and while Rita is technically listed as a missing person, this case is being investigated as a homicide. If you have any information in the case, please call the Longmont Police Department at or e-mail your tips to policetipline longmontcolorado.

The move, in part, was so she could finally be with her on-again, off-again boyfriend, Jeff Beier. A few weeks after Charlene vanished, her boyfriend Beier was arrested on unrelated charges of sexual assault involving another woman. That clothing is now undergoing forensic DNA testing to see if there is any link to a suspect in her disappearance.

Eric was last seen leaving his condo just before midnight on July 22, He never returned. Several searches have been conducted around the area he was last seen, but few clues have been uncovered. The year-old was two months pregnant with the couple's child, a reported stress point in the relationship. The vehicle had been left there overnight. The next day at a. On December 1,police arrested Donthe Lucas for the first-degree murder of Kelsie.

In August ofLucas pleaded not guilty to the murder charge. His trial is set for April of Police said because the investigation remains active, they cannot provide details on what led to the arrest. If you have any information about Kelsie's case, please contact the Pueblo Crime Stoppers at At the time of her disappearance, the year-old was en route from her home in Colorado Springs, Colorado, where she lived with two roommates, to Denver for a modeling shoot.

They told Dateline the case is still considered open and active, but have not said if they believe foul play is involved. Police have indicated foul play is in involved in this case, but no person of interest or suspect has been named. In a March court ruling, Nefertiri was declared legally dead in the hope of bringing in new le to the police.

The car, which authorities have also not located, has the Delaware plate No arrests have been made in connection with the case. She called her grandmother after her shift to let her know that she was on her way to pick up the children. But she never showed up that night. Antwon was arrested at the scene for cocaine and marijuana possession and for driving with a suspended or revoked. Anyone with information on her whereabouts is urged to contact the Crestview Police Department at or There were no remains found in the charred remnants of the home, and no one could find Donna.

Authorities have said they believe the fire was accidental, most likely started by a space heater that was left running. However, officials do believe the year-old met with some type of foul play. According to the friends with whom he was on the trip, Reny was last seen leaving their rented beach house around p. His friends reported him missing the next morning. The exact circumstances of his disappearance remain a mystery, but police did locate his clothes and cellphone in a trash can behind the house.

Authorities confirm the case is still considered open and ongoing. Noemi disappeared from her North Miami, Florida home in the early morning hours of February 12, Her adult son, Pedrito, was staying with Noemi at the time and says he awoke to find her gone. Her bed was unmade, the front door was unlocked, but her purse and cellphone were still inside.

Few clues have ever been found in connection with the case. When her brother arrived at her Columbus, Georgia apartment the next morning to take her kids to school, Ebony was nowhere to be found. Family and police have searched extensively for Ebony but have yet to find anything of ificance. Police say detectives in the Special Victims Unit are investigating her disappearance. The year-old had plans to meet a friend the next day.

After three days of not hearing from Jenna, family reported her missing. But for an unknown reason, Morgan was reportedly kicked out of that temporary home and was living at a local motel. She stopped posting on social media and last spoke with family members and friends on February 29, No suspects or persons of interest have been named in this case. Several days after that, Mo's belongings were found just a few miles from her Maui, Hawaii home in a dumpster behind the Wailuku Community Center.

Police have indicated they suspect foul play and consider Brown a person of interest in the case. However, Brown has since left the state. Police say there has never been enough evidence to name Brown a suspect. In November ofthe Maui Police Department renewed the request for tips in Mo's disappearance in a post on Facebook. They were reportedly packing the car with gear for a camping trip. He told police they got into an argument along the Salmon River, and Shawnta walked away.

Shawnta, who has a young daughter, has not been seen or heard from since. Nobody has been charged in connection with her disappearance. Partygoers confirmed to police that Alexis was at the party, but nobody knows exactly when she left or if she left with anyone. The year-old was reported missing five days later by her mother, April Allen. There have been no named suspects or persons of interest in the case. But she never returned.

False arrest/imprisonment: no warrant

Four days later, Lucy returned to the house unharmed. Family and authorities have searched tirelessly for Lyn, but nothing of ificance has been found and police say there are figurroa s of foul play. To leave a tip anonymously, call Secret Witness at Elaine Park Elaine Park Figueora Park has been missing for almost three years, but her mother will not give up hope. The prsotitutes time anyone saw the year-old was in the early-morning hours of Saturday, January 28, He said despite his efforts prpstitutes have her stay, Elaine drove off in her car.

The vehicle was unlocked and the key was still in the ignition. Anyone with information regarding her case is urged to contact the Glendale Police Department at Lance Perkins Lance Perkins Lance Perkins called his mother Donna on the night of October 23,to tell her that he was having blackouts. She told him to call and go to the hospital. Three hours later, security cameras showed him walking out of the hospital.

He never returned to his hotel, and he never called his mother back. Officials with the San Diego Police Department are investigating, but little information has been released in connection with the case. Authorities have reportedly conducted several searches, but few clues have been found.

The details of what happened in the days leading up to her disappearance remain unclear. Stacey is usually in contact with her family daily, but as Halloween approached and nobody had heard from her, family grew concerned. This remains an active case and police are working on all tips that have come in, but no le have produced any substantial information. Vanzandt, 36, was standing in line with friends outside the American Junkie gastropub at about p.

He has not been seen or heard from since. The Air Force veteran, and father of three, was going through a divorce, but family members said there were absolutely no red flags in his personal life that would have led to his disappearance. Because he is an avid swimmer, they fear he may have gone in the water for a late-night dip.

Authorities say the case is still active and ongoing.

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Matthew Weaver Jr. He had hung out with a friend until around a. His car was found the next morning off a trail near Malibu. Derek Weidner Derek Weidner Derek Weidner, 25, moved from Houston, Texas to Santa Rosa in to work for a private company as a lineman restoring power lines that had been destroyed by the California fires. The next morning, Derek was gone. And so was his GMC Denali pickup truck. It was later found parked alongside South Highway at Milepost 6.

His phone has been off since that weekend and has not been able to be tracked. His bank has not been touched since he disappeared. Santa Rosa Police Department Detective Anthony Turner told Dateline they are continuing to follow every lead and tip, but there are no updates. Anyone with information that could help find Derek Weidner is asked valoey contact the Santa Rosa Police Department at or you fivueroa leave a tip on the Missing: Derek Weidner Facebook.

Rita Gutierrez-Garcia Rita Gutierrez-Garcia Rita Gutierrez-Garcia, who was 34 years old at the time she disappeared, was last seen in the early morning hours of March 18,while out with friends in Longmont, Colorado.

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But Rita never showed up at the baby shower. No one has seen or heard from her since. Prostjtutes say they believe Figueroa was the last person to see Rita, but do not think the two had a close personal relationship. On March 22,Figueroa was convicted of sexual assault, felony assault and attempted murder in an unrelated sexual assault case. In May, he was sentenced to 93 years in prison. Since Rita disappeared, police have deployed drones, helicopters, cadaver dogs, and search teams to try and find the missing mother of three.

Authorities tell Dateline the case is very active and while Rita is technically listed as a missing person, this case is being investigated as a homicide and she is pd dead.

If you have any information in the case, please call the Longmont Police Department at or your tips to policetipline longmontcolorado. At valley time of her disappearance, the year-old was en route from her home in Colorado Springs, Colorado, where she lived with two roommates, to Denver for a modeling shoot. They told Dateline the case is still considered open and active, but have not said if they believe foul play is involved.

Eric was last seen leaving his condo just before midnight on July 22, He never returned. Figuwroa searches have been conducted around the area he was last seen, but few clues have been uncovered. The year-old was two months pregnant with the couple's child, a reported stress point in the relationship. The vehicle had been left there overnight. The next figueeoa at a.

On December 1,police arrested Donthe Lucas for the first-degree murder of Kelsie. In August ofLucas pleaded not guilty to the murder charge. The trial was scheduled to start in Aprilbut new evidence found in the case over the summer postponed it until January Police said because the investigation remains active, they cannot provide details on what led to the arrest.

If you have any information about Kelsie's case, please contact the Pueblo Crime Stoppers at The move, in part, was so she could finally be with her on-again, off-again boyfriend, Jeff Beier. A few weeks after Charlene vanished, her boyfriend Beier was arrested on unrelated charges of sexual assault involving another woman. That clothing underwent forensic DNA testing to see if there was any link to a suspect in her disappearance, but there have not been any updates. Nefertiri Trader Nefertiri Trader Nefertiri Trader was last seen on June 30,by a neighbor who told police Nefertiri was forced from her home and abducted in her own silver Acura RL around 4 a.

Police have indicated that foul play is involved in this case, but no person of interest or suspect has been named. In a March court ruling, Nefertiri was declared legally dead in the hope of bringing in new le to the police. The car, which authorities have also not located, has the Delaware plate There were no remains found in the charred remnants of the home, and no one could find Donna. Authorities have said they believe the fire was accidental, most likely started by a space heater that was left running.

However, officials do believe the year-old met with some type of foul play. Noemi Gonzalez Noemi Gonzalez For the family of Noemi Gonzalez, they have gone almost six years not knowing where the beloved mother and grandmother is. Noemi disappeared from her North Miami, Florida home in the early morning hours of February 12, Her adult son, Pedrito, was staying with Noemi at the time and says he awoke to find her gone.

Her bed was unmade, the front door was unlocked, but her purse and cell phone were still inside. Few clues have ever been found in connection with the case. According to the friends with whom he was on the trip, Reny was last seen leaving their rented beach house around 7 p. His friends reported him missing the next morning. The exact circumstances of his disappearance remains a mystery, but police did locate his clothes and cellphone in a trash can behind the house.

Authorities confirm the case is still considered open and ongoing. She called her grandmother after her shift to let her know that she was on her way to pick up the children. But she never showed up that night. Antwon was arrested at the scene for cocaine and marijuana possession and for driving with a suspended or revoked.

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His prior lawyer in the civil lawsuit filed a stipulation with the court dismissing most of his claims. The plaintiff, proceeding pro se, asked the court to reopen the case because the stipulation was purportedly filed without his knowledge. A federal appeals court, vacating the trial court's refusal to reopen the case, held that there was a factual dispute over the prior attorney's authority to stipulate to the dismissal of the claims, making it necessary to hold an evidentiary hearing on the issue.

The trial court had relied on the proposition that parties are deemed bound by the acts of their lawyers. Gomez v. An arrestee sued for false arrest in violation of his federal civil rights.

Further, such obstruction requires a physical or independently unlawful action. A new trial was therefore ordered. Uzoukwu v. Krawiecki,U. A couple and their three children, driving home from a family outing, were stopped by two deputies one female and one male. The female deputy initiated the stop because she mistakenly believed that the vehicle was stolen.

A federal appeals court ruled that the plaintiffs were entitled to summary judgment on a false arrest claim against the female deputy because the arrest, which was without probable cause, was the result of her unreasonable conduct. Ordering the family out of their vehicle, purportedly at gunpoint, requiring them to lie on the ground, handcuffing four family members, and putting them in prpstitutes law enforcement vehicles amounted to an arrest, rather vslley an investigative detention.

The male deputy in the incident was entitled to qualified immunity on the false arrest claim as he could rely on information conveyed to him by the female deputy, which he did not know was mistaken. Because of disputed issues of material fact on an excessive force claim, neither the two deputies nor the plaintiffs were entitled to summary judgment on that claim.

The disputed issues ptostitutes whether the deputies pointed loaded guns at the family and how a nine-year-old child prostitutds treated during the incident. Maresca v. County of Bernalillo,U. The plaintiff, a U. Six Unknown Named Agents of Fed. Bureau of Narcotics, claiming that FBI agents detained, interrogated, and tortured him over the course of four months in three countries in Africa. Upholding the dismissal of the lawsuit, the federal appeals court valkey that when the actions occurred during a terrorism investigation, "special factors" required hesitation in allowing a Bivens lawsuit for money damages.

Bivens actions are usually not favored in cases involving the military, national security, or intelligence gathering. Further, the Rpostitutes. Meshal v. Higgenbotham,U. In the course of investigating a reported disturbance in an apartment building parking lot, an officer knocked on an apartment door where it was possible the people involved in the disturbance val,ey gone. The man who answered the door denied any involvement in the earlier dispute proshitutes declined to identify himself.

The officer reached inside the apartment, handcuffed spolane man, and arrested him on the basis of his refusal to provide biographical information or identity. A federal appeals court held that in the absence of exigent circumstances, an officer could not lawfully conduct the equivalent of a Terry investigative stop inside a man's residence. But in this case, since the law on that subject was not clearly established, the officer was entitled to qualified immunity on an unlawful arrest claim.

Moore v.

Five years of dateline's missing in america: still missing

Pederson,U. A man told an officer that while he was sleeping his neighbor had entered his home, possibly by prying open a bathroom window, grabbed and threatened him, and put his hand down the front of his pants. When the officer questioned the neighbor, he allegedly said, without prompting, that he had not entered the man's bathroom or gotten into his pants.

The neighbor later denied having made these statements. The complainant identified the neighbor as the man who had assaulted him. The officer arrested the neighbor on a variety of charges and he was later acquitted. A federal appeals court found that the officer had probable cause for the arrest and that the officer abd the city were both immune from Indiana state law malicious prosecution claims.

A federal malicious prosecution claim could not go forward as the plaintiff did not allege a separate constitutional injury or show that the officer lacked probable cause or acted with malice. Howlett v. Hack,F. A motorist claimed that he was arrested for marijuana possession without probable cause when an officer found two leaves in his car during a consensual search during a traffic stop.

Charges were later dropped when a crime lab found that the leaves did not contain detectible amounts of Tetrahydrocannabinol THCthe active ingredient in marijuana. 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. New v. Denver,F. A claim for unlawful warrantless arrest survived summary judgment, a federal appeals court ruled, because the plaintiffs, a female high school student and her family, provided sufficient evidence to create a genuine dispute over whether or not, during an incident at school, the student had reached for an officer's gun and whether the officer knew that the student closed a gate, barring entrance to a school hallway.

The court rejected the excessive force claim against the officer. Even if his shove of the student was unnecessary, it was not unreasonable, and the officer's pulling of the student's arm was not a Fourth Amendment violation because the student was then trying to escape arrest, and the officer had a right to prevent her from doing so. Fernandez-Salicrup v. Figueroa-Sancha,U. Lexis 1st Cir. The plaintiffs, who were illegal aliens, sought to pursue Bivens civil rights claims against federal border patrol agents who allegedly illegally stopped and arrested them.

A federal appeals court, noting that it had not ly extended Bivens civil rights actions to include claims arising from civil immigration apprehensions and detentions, other than those involving excessive force, declined to do so. It further found that the comprehensive rules and remedies found in immigration statutes and regulations precluded "crafting" an implied damages remedy. Allowing claims for damages in this context, which were likely to be minimal, would be unlikely to provide ificant additional deterrence to illegal acts, and the court also noted that there were serious separation of powers issues that would be implicated in trying to do so.

De La Paz v. Coy,U. Three officers were sued for ther involvement in the warrantless arrest of a vehicle passenger for possession of cocaine and drug paraphernalia, charges which were later dropped. A federal appeals court held that summary judgment on the basis of qualified immunty was proper on a false arrest claim, as the officers had probable cause for the arrest because one officer saw the plaintiff throw a crack pipe out of his car window.

Two of the arresting officers, however, were not entitled to qualified immunity because they allegedly delayed seeking medical care when the passenger was shot in the genitals, acting with deliberate indifference and reporting his injury as a "laceration. Valderrama v. Rousseau,U. A high school student was detained for 23 days while police investigated a schoolyard fight that caused the death of another student. A video of the fight showed a male student who punched the victim as he tried to stand up, and the plaintiff was identified as one of two assailants by an officer ased to the school, by another student, and by two school staff members, who all viewed the video.

Charges initially made against the plaintiff were ultimately dropped when it was established that he was not involved in the incident. A federal appeals court upheld summary judgment for the defendant officers, finding that they had probable cause to make the arrest on the basis of the identifications by those who viewed the video, so there was no false arrest. As to the length of the detention, it was not excessive or unreasonable, as there was no indication that any of the defendants imposed a deelay for improper motives such as punishing the plaintiff or "drumming up" evidence merely to justify his arrest.

Bailey v. City of Chicago,F. A group of advocates for homeless peopl were threatened with arrest and then arrested for loud chanting to protest an organized walk by elected officials and their supporters through a skid row area. They were charged under a state statute under which "willfully disturb or break up any assembly or meeting that is not unlawful in its character" other than a political meeting, is a misdemeanor.

A federal appals court found that, while the statute in question was not facially unconstitutional, it was unconstitutional as applied to the plaintiff's behavior, or political meetings as occurred here. The statute was improperly applied in this case to a group's protest of a meeting of public officials and members of the public to discuss conditions in the skid row area. As to public meetings in which people assemble to consider "public questions," arrests of protestors are only allowable if a protestor engages in "threats, intimidations, or unlawful violence," not for non-violent political protest.

City of Los Angeles,F. Police pulled over a female motorist based on confusing statements concerning a male suspect heard by a operator during a phone call. 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. The male suspect was not in the car. A federal appeals court upheld a denial of qualified immunity to the officers. If the woman's version of the incident were true, the officers used excessive force against her despite the fact that she was clearly afraid and was completely cooperating with their orders.

While there had been reasonable suspicion to make the stop, if the plaintiff's version of events were true, the incident turned into an unlawful arrest when the officers continued after determining that she was a woman alone in the car. Brown v. Lewis,U. LewisFed. Police arrested a man and jailed him for over 50 hours when they mistakenly thought he was a serial ank robber. A federal appeals court ruled that the trial court then erroneously interpreted a motion to lift the stay and amend his complaint in the lawsuit against the city as a waiver of all but two of his several policy-or-practice claims against the city, and also improperly dismissed that lawsuit after erroneously treating the city's certification that it would indemnify the officers as an offer under Fed.

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. Swanigan v. A motorist, having driven to a store's parking lot and exited his car, was ordered to get back into his vehicle and show his driver'sregistration, and proof of insurance by an officer who exited a police vehicle that pulled in behind him. He was arrested for refusing to comply, and subsequently pled guilty to driving on a suspended or revoked.

He argued in a lawsuit that the officer had no basis for ordering him to reenter his vehicle and that the order to do so constituted an unreasonable seizure. The federal appeals court rejected a lower court ruling that the lawsuit was barred by the conviction because a judgment in the plaintiff's favor would imply that the conviction was invalid. Because the plaintiff had pled guilty, a finding of illegal seizure would have no relevance to the validity of the plea and subsequent sentence.

Rollins v. Willett,F. A man at a legal casino presented what appeared to be an altered driver's while trying to collect a slot machine jackpot. He was briefly handcuffed, detained, and turned over to police. Each of these actions by an Illinois Gaming Board agent were carried out in the exercise of his statutory duties arising from his state employment, so he was entitled to sovereign immunity on false imprisonment and intentional infliction of emotional distress state law claims.

Even if he acted without probable cause, he did not act beyond the scope of his authority. The intermediate Illinois appeals court upheld a jury verdict in favor of the casino and casino security supervisor on a false imprisonment claim. Grainger v. Officers arrested everyone at a party at a residence for unlawful entry, based on the fact that the host had not finalized a rental agreement to live there, and therefore had no right to hold a party there.

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. There also was no probable cause for a disorderly conduct arrest, as there was no evidence of any disturbance of sufficient magnitude to violate local law.

Because a supervising sergeant on the scene overstepped clear law by directing that the arrests be made, the District of Columbia was liable for negligent supervision. Wesby v. A mass arrest of Occupy Wall Street demonstrators was made after they walked onto a bridge roadway. The arrestees claimed that this violated their First, Fourth, and Fourteenth Amendment rights.

The officers were not entitled to qualified immunity. The plaintiffs alleged that the officers directed their activity along the route that led to them entering the bridge. If the facts were as alleged, no reasonable officer could have believed that the warning to clear the roadway was sufficiently audible for the crowd to hear it. Further, the demonstrators alleged that the officers had retreated onto the bridge in a manner that could be reasonably understood to constitute a continuation of the officers' earlier practice of allowing the demonstrators to proceed in violation of traffic laws.

Garcia v. Does,U. Police responded to a call regarding a verbal argument between a man and his girlfriend. The man had locked the woman out, with her keys inside the apartment, but no physical attack had occurred. The man did not want to talk to the officers. One of them prevented him from closing the door, entered his home, and refused to leave. The man called his attorney and did not comply with a demand that he get off the phone. An officer told him that he was under arrest, and two officers each grabbed one of his wrists, resulting in a struggle on the floor.

The officers lacked consent, a warrant, or exigent circumstances to enter the home, and they lacked probable cause to arrest him for theft of his girlfriend's keys. There was, however, a disputed issue of fact as to whether the officers had probable cause to arrest the plaintiff for disorderly conduct, as the arrestee denied that he had yelled at the officers. Hawkins v. Mitchell,U. An officer had at least arguable probable cause to arrest a man for trespass for refusal to leave a bus stop after he was observed waiting there without getting on any bus, so the officer was entitled to qualified immunity.

While the plaintiff described being pepper sprayed as painful, there was insufficient evidence of more than "de minimus" minimal injury, so the officer was entitled to qualified immunity on an excessive force claim. The officer was not entitled, however, to qualified immunity on a retaliatory use of force claim, as he argued that the pepper spray had been used in retaliation for his protected First Amendment speech of asking for the officer's badge.

Peterson v. Kopp,F. They claimed that incriminating statements they had made had been coerced. They were convicted in and incarcerated, but DNA and other evidence later showed that the beating and rape had not been committed by the five black and Hispanic teenagers, who were ages 14 to 16 at the time of the crime, but by another person, a convicted rapist and murderer who stated in a confession that he acted alone.

McRay v.

City of New York, cv, U. Worried that a tractor-trailer stopped on the shoulder of a highway ramp posed a safety hazard, a state prostithtes approached and valely that the engine was running with no one visible in the cab. Knocking on the door caused the driver to emerge from the sleeper area of the cab. His breath smelled of alcohol, his eyes appeared red and glassy, his speech was slurred and he admitted having consumed a "couple" of "small pitchers" of beer at a truck stop an hour before.

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He could not explain why he stopped on the ramp to sleep rather than going to a rest stop to feet away. After he failed two sobriety tests, and almost lost his balance, he was arrested, and a breathalyzer recorded a. A jury acquitted him after a state court found probable cause for the arrest. A federal appeals court found that the state court finding of probable cause in the criminal proceeding did not preclude a federal civil rights lawsuit for false arrest. Ohio, in its state law, did not give trial courts the final word on probable cause, and the plaintiff had not had an opportunity to appeal the probable cause issue since he was acquitted.

Bradley v. Reno,U. LexisFed App. A man sued Chicago police who arrested him on drug possession charges, as well as solicitation of an unlawful act. After he spent 19 days in jail, the charges were dismissed for want of probable cause.

The plaintiff and the officers had differing s of the events that led to his arrest, which did involve someone in the vicinity shouting "rocks," referring to drugs. In a false arrest, malicious prosecution, and illegal search lawsuit, a jury returned a verdict for the defendant officers. A federal appeals court upheld the jury verdict.

Altamirano, vallsy, U. Officers were not entitled to qualified immunity for making a warrantless arrest of a woman who was nursing her baby in her home and leading her out of her home based on an invalid recalled arrest warrant for failing to appear in court to contest a simple traffic violation. Following a strip search and a body cavity search, figueroq was held in jail overnight, which was the first spolane she had been separated from her infant.

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A federal appeals court found that no reasonable officer could actually believe that the warrantless arrest was lawful under the alleged facts. Bechman v. Magill,F. A deputy pulled a female motorist over for an expired vehicle registration sticker, and the date on the sticker was different than that in the Secretary of State's records, so she was let go. The deputy was later notified that the sticker was stolen, a felony offense, and went to the woman's home to arrest her, being met there by a second deputy.

The woman's boyfriend, who owned the house, answered the door and refused to let the deputies enter without a warrant. The deputies said that they smelled an odor of burning marijuana from inside the home, and they attempted to enter, which the boyfriend resisted. He was found with a half-burnt marijuana t and was charged with resisting or obstructing an officer, a charge that was later dismissed.

The trial court held that the officers were not entitled to qualified immunity on false arrest and excessive force claims, as there had been no exigency justifying a warrantless entry, which violated a clearly established right. A federal appeals court reversed, stating that there was "fractured" caselaw on whether detecting the smell of marijuana justified a warrantless entry, so that it was not clearly established at the time of the incident that a warrantless entry was not justified. White v.

Stanley,U. An officer had probable cause to arrest a woman for violating a state open-container law even though the flask found under her car seat proved to be empty. At the time, she was a passenger in her husband's car after midnight, and he was being arrested under a warrant. The officer's actions were reasonable in light of the time of day, the woman's non-cooperative attitude, and her repeatedly asking to urinate.

Because the officer's actions did not demonstrate either plain incompetence or a knowing violation of the law, he was entitled to qualified immunity. Branch v. Gorman,U. If an arrested hunter's version of events were true that he had not yelled or spoken in a confrontational manner to a game wardenthen a brief unintentional touching did not provide probable cause or even arguable probable cause for an arrest.

The game warden was therefore not entitled to qualified immunity on the false arrest claim. He was, however, entitled to qualified immunity on the plaintiff's claim that the handcuffs were too tight, causing him injuries and later contributing to his development of carpal tunnel syndrome. Rooni v. Biser,U. Officers had probable cause to stop and arrest a motorist for speeding based on their radar gun's readings despite his challenge to their arrest of him for DUI.

Additionally, as his blood alcohol reading was over the legal limit despite his claim that he had only one beer. The officers were entitled to summary judgment on a false arrest claim when the plaintiff presented no evidence of any inaccuracy in the radar gun. Jones v.

City of Elkhart,U. A federal district court is allowing an "Occupy D. Based on the facts alleged, no reasonable officer could have believed that there was probable cause for an arrest for disorderly conduct. The words spoken did not risk provoking violence. All he did was make the remark, addressed to no one in particular, "Ah, this fucking bullshit" when observing several people carrying pro-Tea Party s entering a federal park.

The Tea Party people did not respond, but U. Park police arrested him. Patterson v. There was ample evidence to support a jury's spokand in favor of four officers involved in the search and seizure and arrest of spomane plaintiff on drug charges. The officers observed what appeared to be open drug sales of crack cocaine in a lot involving four men and a juvenile with passersby attracted into a lot by yells of "rocks, rocks," referring to cocaine.

There was probable cause for the search, seizure and arrest, so there could be no liability despite the fact that the plaintiff was later acquitted. The plaintiff's argument that one officer arranged to have three others him in fabricating a drug bust to bolster the possibility that he would be ased to the narcotics squad was characterized as "far fetched.