CA7: Claim of lack of PC for arrest not insulated from later review by a judicial finding of PC for trial

Plaintiffs’ Fourth Amendment claim they were arrested without probable cause survives the state trial court finding enough to hold them for trial. “The Supreme Court held that a Fourth Amendment theory based on lack of probable cause survives a judicial decision holding a suspect in custody. The Justices said that the right question is whether the arrest and detention are supported by probable cause.” Kuri v. City of Chicago, 2021 U.S. App. LEXIS 7128 (7th Cir. Mar. 11, 2021).

“The time of day, Mr. Chandler’s behavior, the neighborhood, the campus closure, the recent string of burglaries and thefts, including theft of copper piping, and the large object identified in Mr. Chandler’s front-pocket, provided Officer Dunivan reasonable suspicion to briefly detain him to further investigate. Specifically, the location as a ‘high-crime area,’ the fact that the incident occurred ‘undoubtedly late enough (or early enough)’ in the day to raise concern, and Mr. Chandler’s ‘lurking’ behavior, each added to the reasonable suspicion calculus.” United States v. Chandler, 2021 U.S. Dist. LEXIS 45489 (D.N.M. Mar. 9, 2021).*