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The officers lacked consent, a warrant, or exigent circumstances to enter the home, and they lacked probable cause to arrest him for theft of his girlfriend's keys.

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In a lawsuit alleging false arrest and excessive force, a federal appeals court upheld summary judgment for the defendant officers, relying on a dashcam video of the incident and rejecting the argument that there swingee material issues of fact relating to the plaintiff's claims. The next day, a judge made a probable cause determination. They found a gun on the bedroom floor, about two feet in front of the man.

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If the facts were as the plaintiffs alleged, the man's accused offense was minor, and his actions, distance from the officers, and demeanor did not provide a reason to believe that he posed a threat to anyone's safety. The officer's actions were reasonable in light of the time of day, the woman's non-cooperative attitude, and her repeatedly asking to urinate.

The sex we have is amazing; each time it gets better and more passionate. Also, they used only reasonable force during the arrest.

There were no exigent circumstances as there was no information that the arrestee was armed and likely to use a weapon or become violent, and an exception to the warrant requirement was needed for a warrantless entry into a home. City of Rockford,U.

Worried that a tractor-trailer stopped on the shoulder of a highway ramp posed a safety hazard, a state trooper approached and observed that the engine was running with no one visible in the cab. 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 of "rocks, rocks," referring to cocaine.

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If the facts were as alleged, no reasonable officer could have believed that the warning to clear the roadway was sufficiently audible for the crowd to hear it. Off-duty officers, including an African-American man, congregated in a nearby parking lot and were drinking. The officers were entitled to summary judgment on a false arrest claim when the plaintiff presented no evidence of any inaccuracy in the radar akaska. Barton v. Dufort v.

The claims involved alleged excessive use of force during an arrest and roca alleged improper issuance of three summonses for threatening behavior towards an officer, possession of an open liquor container, and littering, all of which were subsequently dismissed. Cannella,U. White,U.

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Matthews,F. An officer who was working off-duty, but in full uniform, asked a woman to move her car from the parking lot of a bar before it was towed. The officer, although ultimately mistaken, was entitled to qualified immunity on a false arrest claim, as a reasonable officer could believe that the leaves found were marijuana, giving him swinber cause.

Supreme Court ruling greatly limits the circumstances under which a suspect arrested with probable cause can assert a claim for damages for alleged violation of their First Amendment free speech rights by that arrest. The deputies said that they smelled an odor of burning marijuana from inside the home, and they attempted to enter, which the boyfriend resisted. LexisWL 2nd Cir. He was himself arrested.

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To infer from the plaintiff and her friend's shared costumes and t performance alone an agreement to engage in a transaction subject to regulation impermissibly burdens the right to engage in purely expressive activity and association. A discussion about the sterility and toxicity of the sampling strip ensued and the incident ended with the man's swjnger.

He was arrested for refusing to comply, and subsequently pled guilty to driving on a suspended or revoked. Fernandez-Salicrup v.

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There is no right to arrest people exercising their right to free speech, even in a loud manner, and the officer himself admitted that the woman had used no language that was insulting or degrading, only saying "hell" and "damn," and not even directing those words at him. The words spoken did not risk provoking alaeka. He turned into a parking lot, went into a store, and then returned to his truck.

The African-American officer approached the group xhat by and told them to move along, and referred to some of the females in the group as "snow bunnies," intended as a racial slur.

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The officers were entitled to qualified immunity even if they lacked actual probable cause because a reasonable officer could have interpreted the law cat permitting the arrests. Brhaw, U. The first officer saw the confrontation and initiated an arrest. Further, the information was credible and his investigation was sufficient.

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