CA5: Arrest w/o PC can be retaliatory for refusing to answer questions at stop w/o RS

Plaintiff claimed he was arrested, handcuffed, and shackled simply for refusing to give his name and answer questions when he was stopped in a hotel parking lot apparently solely because of the officer’s curiosity. [At least plaintiff so plead because this was decided on a motion to dismiss.] He stated a claim for retaliatory arrest without probable cause under the Fourth Amendment. His Fifth and First Amendment retaliation claims, however, fail. Alexander v. City of Round Rock, 2017 U.S. App. LEXIS 6692 (5th Cir. April 18, 2017).

WaPo: Can the police retaliate against a citizen for refusing to answer police questions? by Orin Kerr:

In a new case, Alexander v. City of Round Rock, the U.S. Court of Appeals for the 5th Circuit considers the following question: If the police pull over a driver and the driver indicates he will refuse to answer any police questions, does it violate the Constitution for the police to retaliate against the driver to punish him for refusing to answer their questions?

As I read the 5th Circuit’s decision, the court rules that (a) retaliation against the driver for refusing to answer police questions may involve acts that violate the Fourth Amendment, (b) retaliation for refusal to answer police questions doesn’t clearly violate the First Amendment, and (c) such retaliation doesn’t violate the Fifth Amendment.

This entry was posted in Probable cause, § 1983 / Bivens. Bookmark the permalink.

Comments are closed.