Arrest and Detention

Perez v. Borough of Johnsonburg

Submitted by Re'Neisha Stevenson on Wed, 08/16/2023 - 11:01

Officer did not seize suspect, despite fact that officer intended to arrest suspect; officer neither touched nor applied physical force to suspect, and suspect did not submit to officer's show of authority, but instead suspect promptly disengaged from the conversation and jogged across the street; exchanges between officers and citizens involving no coercion or detention are not seizures and do not implicate the Fourth Amendment.

Brown v. Knapp

Submitted by Re'Neisha Stevenson on Wed, 08/16/2023 - 10:58

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

Sosa v. Martin Co., Fla.

Submitted by Re'Neisha Stevenson on Tue, 04/04/2023 - 12:28

Person held three days based on mistaken identity on a valid arrest warrant does not have a substantive due process claim for over-detention; case is controlled by Baker v. McCollan, 443 U.S. 137 (1979).

Wood v. Wooten

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 01:33

Officer had probable cause to arrest plaintiff for an outstanding warrant and a broken headlight, it did not nullify probable cause that officer told him he was arresting him for DWI.

Kuri v. City of Chicago, IL

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 01:30

Determination of facts and their significance was for the jury, affirming denial of directed verdict for officers on probable cause issue; affirming verdict for $4 million in compensatory damages for nearly three years in jail awaiting trial for murder at which plaintiff was acquitted.