CA6: LEO’s conviction for criminal civil rights violation for wrongful entry to arrest affirmed

Defendant was a police officer and he’s convicted here of cirminal civil rights violation for wrongful entry into the victim’s house. The event started when the victim came home to his apartment building, found defendant parked in his parking spot, and he asked defendant to move. He told the victim he would when he felt like it. The victim said something to the effect of “fuck off” and walked toward his apartment. Defendant told him to repeat himself and the victim said: “I did not stutter. I said ‘fuck off.’” and he went in his apartment. Defendant went to the door (body camera on) and demanded that he come out, and he refused without a warrant. “Baize repeatedly refused, saying that defendant needed a warrant, but defendant responded that he did not ‘need no warrant.’ Defendant told Baize that ‘right now you’re out here hollering at me and you ran in there, which means there’s exigent circumstances.’ Baize again refused to come outside. Defendant reached inside Baize’s home to grab Baize, who braced himself against his doorjamb and said ‘you are not allowed in my house.’ Defendant then entered Baize’s home, grabbed Baize by the back of the neck, and began to arrest him.” The entry and arrest were without probable cause or exigent circumstances and the victim was maliciously prosecuted for three misdemeanors. “It is therefore impossible, under defendant’s theory, that defendant had probable cause to believe Baize had met all of the elements of fleeing and evading when defendant made the decision to arrest.” United States v. Corder, 2018 U.S. App. LEXIS 3225 (6th Cir. Feb. 12, 2018).

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