{"id":21450,"date":"2016-03-28T00:30:58","date_gmt":"2016-03-28T05:30:58","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=21450"},"modified":"2016-03-27T20:10:31","modified_gmt":"2016-03-28T01:10:31","slug":"id-there-is-no-constitutional-right-not-to-be-mistaken-for-a-criminal-the-constitution-does-not-guarantee-that-only-the-guilty-will-be-arrested","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=21450","title":{"rendered":"ID: &#8220;There is no constitutional right not to be mistaken for a criminal. &#8216;The Constitution does not guarantee that only the guilty will be arrested.'&#8221;"},"content":{"rendered":"<p>Plaintiff was a sublessee of a dental office laboratory but was seen breaking in through a window by a neighbor who called 911. Police arrived and the reporter said the woman appeared drunk or on drugs. The first officer to arrive saw her through a basement window in a work shop area holding a knife. They got no response from her for many minutes and after several demands to surrender. They sent in a police dog which bit her. She was found in the ladies bathroom virtually unconscious and drunk by a female officer, and they learned she had a right to be there. Still, however, there was probable cause to believe that a burglary was going on by an armed person, and the officers are entitled to qualified immunity. There was no violation of clearly established law. <a href=\"http:\/\/www.isc.idaho.gov\/opinions\/42053SUB.pdf\">James v. City of Boise<\/a>, 2016 Ida. LEXIS 83 (March 23, 2016) (substituting for <a href=\"http:\/\/www.isc.idaho.gov\/opinions\/42053X.pdf\">James v. City of Boise<\/a>,  2015 Ida. LEXIS 130 (May 21, 2015)):<br \/>\n<!--more--><\/p>\n<blockquote><p>Thus, she asserts that the clearly established right at issue should be that she &#8220;had the basic and fundamental right not to be attacked by a police dog simply because she was mistaken for a burglar by overzealous police officers.&#8221; This formulation of the issue is clearly wrong. It assumes that the Police knew that the Plaintiff was &#8220;mistaken for a burglar.&#8221; The circumstances are not to be judged &#8220;with the 20\/20 vision of hindsight.&#8221; Graham v. Connor, 490 U.S. 386, 396, 109 S. Ct. 1865, 104 L. Ed. 2d 443 (1989). There is no constitutional right not to be mistaken for a criminal. &#8220;The Constitution does not guarantee that only the guilty will be arrested.&#8221; Baker v. McCollan, 443 U.S. 137, 145, 99 S. Ct. 2689, 61 L. Ed. 2d 433 (1979). &#8220;The Fourth Amendment is not violated by an arrest based on probable cause, even though the wrong person is arrested.&#8221; Graham, 490 U.S. at 396.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiff was a sublessee of a dental office laboratory but was seen breaking in through a window by a neighbor who called 911. Police arrived and the reporter said the woman appeared drunk or on drugs. The first officer to &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=21450\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[45,40,69],"tags":[],"class_list":["post-21450","post","type-post","status-publish","format-standard","hentry","category-45","category-qualified-immunity","category-seizure"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21450","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=21450"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21450\/revisions"}],"predecessor-version":[{"id":21451,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21450\/revisions\/21451"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=21450"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=21450"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=21450"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}