· 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 CourtListenerSourced 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.