Roberts v. Spielman

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that discretionary authority includes all actions taken by an official pursuant to his duties and within his authority
• holding that exigent circumstances justified entry where an officer was “performing a welfare check for a possibly suicidal person”
• holding that “a showing of probable cause in the mental health seizure context requires only a probability or substantial chance of dangerous behavior, not an actual showing of such behavior”
• concluding that plaintiff had “cited no binding precedent that clearly established that probable cause and exigent circumstances immediately evaporate once an officer performing a welfare check for a possibly suicidal person sees that the person is merely alive”
• involving officer’s “welfare check” at a residence after a relative called 911 to report a possible suicide attempt
• “For Fourth Amendment purposes, a seizure occurs when an officer, ‘by means of physical force or show of authority, has in some way restrained the liberty of a citizen....’” quoting Terry v. Ohio, 392 U.S. 1, 19 n. 16 (1968)

Source: CourtListener parenthetical corpus (CC0).