CA3: Failure to pay bench warrant justified arrest even if state law permitted pay off in lieu of arrest

There was, in fact, a bench warrant for plaintiff for FTA for failure to pay. The fact state law optionally permitted a pay off in lieu of arrest doesn’t make the arrest violate the Fourth Amendment because there was a factual and legal basis for it. Plaintiff’s strip search at detention was justified by the facts available at the time. Lear v. Phoenixville Police Dep’t, 2018 U.S. App. LEXIS 12963 (3d Cir. May 18, 2018).

There was a factual basis for defendant’s stop based on the officer’s testimony. Defendant’s motion, alleging facts never proved because nobody else testified, doesn’t make the officer unbelievable. After that, defendant fled the stop. United States v. Derrick, 2018 U.S. Dist. LEXIS 83305 (N.D. Ill. May 17, 2018).*

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