Deputy’s roadside arrest of wrong person was reasonable where arrestee and correct suspect had same name, were both male, of the same race, similar in age, and there was a 26-year time period between arrest and when warrant had been issued, even though the men had different birthdates and there was a 40-pound weight difference.
Second officer who was present while first officer questioned plaintiff and arrested him before second officer drove arrestee to police station did not make the arrest and was not liable for false arrest or malicious prosecution.
Where plaintiff was indicted by grand jury before arrest, independent-intermediary doctrine protected officer from false arrest claim, absent evidence that officer provided false information or made material omissions.
Plaintiff was held without reasonable suspicion for some minutes until a drug dog arrived and allegedly alerted, whereupon plaintiff’s vehicle was searched and police found pills; plaintiff was prosecuted and convicted, then the conviction was reversed by an appellate court that found the initial detention was unlawful; Sixth Circuit holds that plaintiff’s claim for unreasonable seizure of his person, which it analogizes to false arrest and false imprisonment, accrued when he was initially released on bond and therefore this action, which he filed when he was released from his conviction, w
Officers lacked probable cause for arrest of plaintiff for loitering and reporting a false name (John Doe) near police station where he was photographing police vehicles and people, because there was no evidence he was blocking sidewalk and he did not give false name until after arrest.
Investigating driver for impersonating police officer justified pat down for weapons because nature of the crime implies possibility of presence of weapon; handcuffing suspect does not always transform Terry stop into arrest, but it is a “rare case” where it would not, facts of this case did not justify handcuffing; officer at time of handcuffing did not have probable cause or even arguable probable cause to arrest plaintiff (who was in business of roadside assistance to motorists) for impersonating a police officer; formal arrest of plaintiff was based on probable cause information learned
Plaintiff alleged that officer came onto his property and requested him to accompany officer to patrol car, that he declined, that officer attempted to grab him and he ran, fell over backyard fence and officer apprehended him; court concludes complaint did not “plausibly explain why [plaintiff’s] flight and trespass onto the neighboring property would not constitute probable cause for [the officer] to arrest him.
Officer lacked probable cause to arrest wife in domestic dispute where husband’s testimony was unreliable, officer was aware of evidence that wife was the victim, and husband admitted she only acted in self-defense as officer was placing her in police car.
No qualified immunity for deputy sheriff and justice of the peace for arresting plaintiff based solely on testimony by another that he was not a citizen and plaintiff’s failure to establish immigration status; “illegal presence … does not, without more, provide probable cause of the criminal violation of illegal entry,” citing Martinez-Medina v. Holder, 673 F.3d 1029, 1036 (9th Cir. 2011).
Officers could not ignore forensic results that became available in the course of routine investigations, and were liable for continuing detention of innocent suspect.