Wilder v. Turner

How courts have described this case

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

• holding that an officer had probable cause to arrest a driver for driving under the influence when he observed “a moderate odor of alcohol, pinkish and watery eyes, a flushed face, unusually slow and deliberate speech, and slow hand movements.”
• noting that a contrary conclusion would allow a driver to escape arrest by refusing to cooperate
• finding a plaintiff failed to show that a defendant officer violated his Fourth Amendment rights and thus entitled the officer to qualified immunity
• instructing district court on remand to enter judgment in favor of defendant on basis of qualified immunity, where plaintiff failed to carry his burden to show violation of a constitutional right
• finding probable cause where the officer “observed ... a moderate odor of alcohol, pinkish and watery eyes, a flushed face, unusually slow and deliberate speech, and slow hand movements,” and the driver “refused to participate in a field sobriety test”
• “[W]e are not bound by a state court interpretation of federal law . . . .”

Source: CourtListener parenthetical corpus (CC0).