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30-Mar-2018 21:49

State law claims, however, were dismissed in federal court without prejudice to the ability of the plaintiffs to reassert them in state court. One of the arrestees turned out not to be the arrestee sought, but someone else with the same name, due to a clerical error by a city's police department. The affidavit for the arrest warrant was sufficiently supported by probable cause despite the fact that a hole in a window in the man's house turned out to have been made by a golf ball rather than a bullet, and that a ballistics expert's advice was mistaken. After the first arrest, when the arrestee phoned a lawyer, all questioning should have stopped, but did not, which could form the basis for an unlawful interrogation claim. City of Desloge, #10-2095, 647 F.3d 841 (8th Cir.). The plaintiff claimed that the government had a policy of using this statute to detain innocent persons suspected of terrorism without charges. The court ruled that even if the officer falsified and omitted the evidence in question when applying for the warrant, the corrected report and warrant application absent this evidence would still have had facts sufficient to provide probable cause for the arrest. Because the plaintiff's case was found to be frivolous, the defendants were properly awarded attorneys' fees. A 15-year-old girl walking home encountered a man who demanded that she get in his car. The Court held that the objectively reasonable arrest and detention of a material witness pursuant to a validly obtained warrant cannot be challenged as unconstitutional on the basis of allegations that the arresting authority had an improper motive. A prosecutor obtained an arrest warrant, and probable cause was found at a preliminary hearing, but the arrestee was acquitted. The fact that there was an outstanding arrest warrant for the plaintiff was all that the detectives needed to be justified in making the arrest, even though they didn't know about the existence of the warrant, a federal appeals court held. The detective obtained warrants for the collection of DNA samples and fingerprints, and a search of the suspect's property. He sued the sergeant for malicious prosecution, claiming that the affidavit for the warrant purposefully distorted a statement by a witness who saw a car containing two young men with light brown hair like the plaintiff's drive by the murdered man's home not long before the murder. Claims against the state and its employees in their official capacity were barred as they were not "persons" for purposes of a federal civil rights lawsuit. The 1989 warrant had both a name and a detailed description of the suspect sought. A federal appeals court found that, under these circumstances, the deputy was entitled to qualified immunity on a false arrest claim, as the evidence, viewed in the light most favorable to the plaintiff, did not show a violation of his constitutional rights. Factual issues about whether the girlfriend consented to the detectives entry into the apartment or merely did not object were irrelevant when they did not enter until they saw the plaintiff and therefore knew that they had found their robbery suspect. Despite the fact that no evidence implicating the suspect in any crime was found during the search, the detective and another detective who assisted him told an assistant state's attorney that he should be charged. After charges concerning suspected involvement in a racially motivated attack were dropped against an arrestee, he sued the detective who applied for and obtained the arrest warrant, claiming that he had both omitted material information and supplied false information, so the warrant lacked probable cause. A federal appeals court held that the sergeant was entitled to qualified immunity as there was ample evidence of probable cause for the arrest, including ballistics evidence showing that the plaintiff's gun, found in a duffle bag with hairs similar to his, was the murder weapon. After the plaintiff abandoned her federal claims against the detective, remaining state law claims including false arrest and imprisonment were properly remanded to state court. The plaintiff failed to show that the county had a policy or custom of failing to include more detailed descriptions on arrest warrants to avoid the risk of repeated misidentifications. Further, under Virginia state law, only the prosecutor, rather than the officer, could move to dismiss an issued arrest warrant. Officers did have probable cause to arrest him under a warrant obtained after learning that he was a trained marksman who had served as a marksmanship instructor in the military, had made suspicious statements about the police helicopter being a "great target," he led police on a 100-mile-per-hour chase when they attempted to follow him, and they found a recently concealed rifle shell casing lying at the bottom of his trash can and a rifle during a search of his home conducted with a search warrant. The mild shaking of the baby by the daycare worker was a justified precursor to doing CPR. He was released from custody when the status of the drug as his legal medication was shown. ," along with cheering and laughter, and other evidence of possible violations. Under the circumstances, the arresting officer could reasonably have believed that the warrant was valid and was for the plaintiff, so he was entitled to qualified immunity. The Port Authority of New York & Jersey, #09-3064, 2011 U.

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Two officers responded to her call and took down her description of the caras a red, four-door sedan with a Pennsylvania license plate bearing the letters ACG, driven by a white male with dark hair, around 35 years old.

The suggested changes did not support the conclusion that "a neutral magistrate would not have issued the warrant" had these changes been known. The warrant, however, had actually been quashed in a "minute entry" by the court, but no record of that order had yet reached the sheriff's office, so the warrant's validity was confirmed. The warrant was issued in this manner, as the statute of limitations for attempting to prosecute the offenses would have otherwise been exceeded..

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