Police, The Fourth Amendment, Qualified Immunity

Argument with the police at the police station

leave a comment »

Case: DIRKS v. GRASSO (9th. Cir. 2011, unpublished)

What happened: Plaintiff argued with police at a sheriff’s sub-station and did not promptly obey orders to leave the sub-station. Police arrested plaintiff on disorderly conduct and obstruction of justice charges.

Decision: Police may end up being liable here (2 to 1 panel decision).

Interesting quote:

The officers next claim they had probable cause to arrest [Plaintiff] for obstruction of justice . . . However, verbal criticism of police officers and refusal to respond promptly to police orders do not support probable cause for a violation of [the California obstruction of justice statute]. . . . A reasonable officer could not have concluded that there was probable cause to arrest [Plaintiff] for [obstruction] based on [Plaintiff]’s failure to immediately leave the sheriff’s substation, his objection to Grasso’s attempt to meet with Franco, or his standing in the entrance to the substation while engaged in a discussion with Grasso.

Court opinion

Written by Burgers Allday

September 5, 2011 at 7:54 am

Posted in Uncategorized

Tagged with ,

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: