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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 knoxvjlle 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. The deputy had legal authority to place the child in protective custody.

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There was also a factual issue as to whether there had been probable cause to arrest the male plaintiff for obstructing an officer. A police officer subsequently had probable cause to arrest her for obstructing his investigation by refusing to give a name by which her identity as the person ly ejected could be confirmed or denied. It rejected the plaintiff's position that the officer's unlawful entry into the curtilage of her home necessarily tainted the following arrest.

Matthews,F. Charges of resisting, public intoxication, and disorderly conduct were dismissed. A reasonable jury could find that there was no reasonable suspicion to conduct the field sobriety tests or place the motorist under arrest.

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After a person was murdered and several others were shot, a man was arrested without a warrant, on suspicion of involvement in these crimes. Hall v. Reversing for a new trial, a federal escrt court held that the defendants were improperly allowed to cross examine the plaintiff about a subsequent unrelated underage drinking arrest to try to convince the jury that he had been intoxicated at the time of his first arrest.

Seymour,U. Mele,U. Stephens v. Stoner v.

False arrest/imprisonment: no warrant

Lilly v. A man was arrested and charged in connection with a bar fight that resulted in one dead victim and one badly injured one. Upholding qualified immunity for the individual defendants, a federal appeals court found that they could knooxville believe that there were at least arguably sufficient grounds for the arrest and knoxvile. The city was required to indemnify the officer and the city sought to obtain payment of the judgment from its liability insurers.

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Jackson v. The court ruled that, what the plaintiff insisted was certain from the EAD and removed all discretion was, in inian, sufficiently uncertain as to leave discretion in the hands of the officers. At the time the plaintiff tried to close the door on the officer, he was standing in his home, so that a onoxville officer should have known that he could not be pulled out and placed under arrest in the absence of a warrant or exigent circumstances.

Cook,U. After he failed two sobriety tests, and almost lost his balance, knoxvllle was arrested, and a breathalyzer recorded a. When two deputies were escorting his ex-girlfriend into his home to remove her personal belongings, they allegedly saw a firearm in plain view, resulting in his arrest.

A woman who was arrested for possession of methamphetamine claimed that the arresting officers lacked probable cause to arrest her. Police pulled over a female motorist based on confusing statements concerning a male suspect heard by a operator during a phone call. Following a strip search and a body cavity search, she was held in jail overnight, which was the first time she had been separated from her infant.

The court ruled that escor should be entered for the plaintiff, followed by a trial on damages. As this route did not cross Cherokee land, it was safer for travel than the more direct route, even if it was longer.

When officers could have reasonably believed that a man had attempted to cause serious physical injury to a person, they had probable cause to arrest him. The complainant identified the neighbor as the man who had assaulted him.

Rousseau,U. The plaintiffs claimed that one family member, a boy who was 17 years old at the time of the incident, subsequently developed a mental illness escodt a result of the beating and an alleged threat by one officer to kill him if he didn't leave town. Howell,U. The officers subsequently left without making any formal arrests.

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. He further claimed that an officer later used excessive force by shoving him into a holding cell, causing him to hit his head on a hard surface.

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The intermediate Illinois appeals court upheld a jury verdict in favor of the casino and casino security supervisor on a false imprisonment claim. Gravelet-Blondin v. The court noted that a "majority esort the circuits place the burden of proof on the plaintiff in a Sec. Members of the "Occupy Movement" sued, claiming that their arrests violated their constitutiobal rights under the Fourth and First Amendments.

A state trooper compelled a female motorist, stopped for failing to dim her lights, to perform field sobriety tests. These errors were not harmless.

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Daniel Smith Frontier Statesman. Officers conducting surveillance for loud-music violation decided to stop a motorist driving by. State of Maine, U. The existence of probable cause to arrest defeated his First Amendment claim as a matter of law. Post ad.

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Evangelides,F. Even if he acted without escrt cause, he did not act beyond the scope of his authority. Qualified immunity for the officer would be inappropriate.

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