CA8: Arguable probable cause for arrest gives QI

“The totality of the circumstances at the time of the arrest, as described above, were sufficient for Svajgl to believe that Nader had committed or was committing the offense of possessing child pornography.” Arguable probable cause is all that’s required for qualified immunity. Nader v. City of PapillionNader v. City of PapillionNader v. City of Papillion, 2019 U.S. App. LEXIS 6963 (8th Cir. Mar. 8, 2019).*

Even if defendant’s arrest was unlawful, it would not lead to suppression of evidence of an assault on a federal officer for spitting on him because the assault was attenuated from the arrest. There is also no reasonable expectation of privacy for spitting. United States v. Maestas, 2019 U.S. Dist. LEXIS 36472 (D. N.M. Mar. 7, 2019).*

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