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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 t he 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.
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One of them prevented him from closing the door, entered his home, and refused to leave. Lund v.
This gave them at least arguable probable cause for the arrest. De La Rosa v.
He claimed that his conduct was not disorderly and was protected under the federal and state constitutions. They then had sufficient grounds for a more prolonged detention and investigation based on these factors and the man's nervousness.
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Kopp,F. 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 separate law enforcement vehicles amounted to an arrest, rather than an investigative detention. Here, the arrestee's contusions and swelling were injuries classified as de minimis. The ordinance stated that "All objects which are generally rectangular in shape shall not exceed one-fourth inch in thickness and two inches in fere and "All objects which are not generally rectangular in shape shall not exceed three-quarters inch in their thickest dimension.
Bechman v. 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 connstable "rocks, rocks," referring to cocaine.
City of Villa Hills,U. Howards v. The sister spent 12 days in custody before her release, and sued, claiming that the arrest nrw not based on probable cause, but rather done to try to build a case against her.
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Additionally, the lawsuit alleged facts from which a reasonable inquiry would have revealed that the plaintiff was a citizen yofk could not have been subject to an immigration detainer. The officer claimed that they routinely make arrests based on trespass complaints, while the arrestee asserted that they remarked on his status as a Moor and congratulated themselves on detaining a member of that sect.
A deputy sheriff responded to a call indicating concerns about the welfare nfw a five-year-old child in the care of a mother said to be drunk and "acting weird. When she refused to answer his question, and attempted to flee inside the house, he placed her under arrest for obstruction, grabbed her arm, and handcuffed her after a struggle. The plaintiff also failed to present a valid Jew Amendment claim against the school board or its security guards, as he had not shown that they threw him out on the basis of his remarks during the public comments portion of the meeting or his past activism.
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Even had they known about the type of presented, it would have been reasonable under the circumstances to detain the plaintiff until they could confirm its validity. The claim was rejected under the discretionary function exception to the Federal Tort Claims Act.
Rollins v. Following that, allegations were made that he had stolen his ex-girlfriend's dog.
Grainger v. 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. At the time the plaintiff tried to close the door on the officer, he was standing in his home, so that a reasonable officer should have known that he could not be pulled out and placed under arrest in the absence of a warrant or exigent circumstances.
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Fernandez-Salicrup v. Stanley,U.
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Gravelet-Blondin v. A former police officer sued over an off-duty incident in which, after several persons attacked him, other officers allegedly falsely arrested him, detained him for five days, and denied him access to medical care for his three broken ribs.
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. City of St. While the length of the detention may have been unfortunate, that was attributed to the government's failure to have an efficient verification system.