Arrest without Probable Cause

Brown v. Knapp

Submitted by Re'Neisha Stevenson on Tue, 12/05/2023 - 21:14

Fact that particular officer did not perform arrest at issue did not preclude officer from obligation, under Michigan law, to ensure arrestee received probable cause hearing within 48 hours; fact that multiple officers were involved in arrest did not constitute extraordinary circumstances that could merit detention of arrestee past 48 hours without probable cause hearing.

Vanegas v. City of Pasadena

Submitted by Jane Clayton on Mon, 10/24/2022 - 15:33

Officer arrested plaintiff for violation of state statute proscribing obstructing an officer in the discharge of his duty, based on plaintiff’s failure to identify himself; officer entitled to qualified immunity because not clearly established that arresting a person for failing to provide an identification violates constitution, citing Hiibel v. Sixth Jud. Dist. of Humboldt Cnty., 542 U.S. 177 (2004).