· 5/10/1990
Patricia J. Barry Charlene Karr v. Gary Fowler
Citations
- 902 F.2d 770
- 1990 U.S. App. LEXIS 7544
- 1990 WL 58890
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that arrest without probable cause that the arrestee committed a crime constitutes a violation of the Fourth Amendment
- explaining that where an individual was arrested once for two crimes, it mattered only whether there was probable cause to arrest the individual for one of the crimes
- noting that, because the defendant officer had probable cause to arrest the plaintiff for one charge, the then the arrest was not unconstitutional even if the officer lacked probable cause for another charge
- providing an illuminating discussion of the questionable constitutional status of this longstanding rule
- finding no unconstitutional seizure where police 27 had probable cause to arrest plaintiff for one offense, even if police lacked probable cause 28 to arrest for a second offense
- noting the legality of the arrest did not “depend[] on whether [the officer] was present when [the plaintiff] committed the misdemeanor[,]” but rather on whether probable cause justified the arrest
Source: CourtListener parenthetical corpus (CC0).
Judges: Hug, Schroeder, Hall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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