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· 8/18/2011

Sroga v. Weiglen

Citations

  • 649 F.3d 604
  • 2011 U.S. App. LEXIS 17144
  • 2011 WL 3625081

How courts have described this case

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

  • noting that probable cause does not require an officer to “act as a judge or jury to determine whether a person’s conduct satisfies all of the essential elements of a particular statute”
  • probable cause existed for trespassing arrest when defendant was stopped near sign reading “Police Parking Only and Police Personnel Only”
  • probable cause existed for trespassing arrest when defendant was stopped near sign reading “Police Parking Only and Police Personnel Only”
  • “And ‘to form a belief of probable cause, an arresting officer is not required ... to act as a judge or jury to determine whether a person’s conduct satisfies all of the essential elements of a particular statute.’ ” (citation omitted)
  • “Although merely arguing with a police officer does not violate the statute, [plaintiff] both times went beyond argument by refusing to desist from behavior that was obstructing the efforts of the police to enable his car to be towed.” (internal citations omitted)
  • “The existence of probable cause to arrest a suspect for any offense, even one that was not identified by the officers on the scene or in the charging documents, will defeat a Fourth Amendment false-arrest claim.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Kanne, Hamilton

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.