CA9: Fact a state or local employee lacks statutory arrest authority has no bearing on the Fourth Amendment question of probable cause

In a § 1983 case, the fact a state or local employee lacks statutory arrest authority has no bearing on the Fourth Amendment question of probable cause. Saunders v. Silva, 473 Fed. Appx. 769 (9th Cir. 2012):

The district court found that Silva seized Saunders when he ordered her to leave church and return to her home. It further found that this seizure was unreasonable because Silva, as a Deputy Animal Control Officer within the Yavapai County Sheriff’s Office, lacked the authority to conduct an arrest. Although Silva was not authorized under Arizona law to arrest Saunders, “state restrictions [on arrest authority] do not alter the Fourth Amendment’s protections.” Virginia v. Moore, 553 U.S. 164, 176 (2008). To constitute a Fourth Amendment violation, an arrest by a state officer must be unreasonable under the United States Constitution, rather than simply not in compliance with state laws. See United States v. Becerra-Garcia, 397 F.3d 1167, 1174-75 (9th Cir. 2005).