police4aqi

Police, The Fourth Amendment, Qualified Immunity

Argument with the police at the police station

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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 Cir. 2011, unpublished)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 ,

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