{"id":56031,"date":"2023-10-12T07:28:00","date_gmt":"2023-10-12T12:28:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56031"},"modified":"2023-10-12T11:04:33","modified_gmt":"2023-10-12T16:04:33","slug":"ca8-continuation-of-arrest-after-the-officer-learned-it-was-unjustified-denied-the-officer-qi","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=56031","title":{"rendered":"CA8: Continuation of arrest after the officer learned it was unjustified denied the officer QI"},"content":{"rendered":"\n<p>Continuation of plaintiff\u2019s arrest after the officer learned it was unjustified denied the officer qualified immunity. \u201cEven if we concluded Officer Holtan made a reasonable mistake about probable cause when he first tackled Nieters to the ground, Nieters immediately informed Officer Holtan that he was a journalist and he provided press credentials. Yet Officer Holtan still arrested Nieters because he did not want to be perceived as giving a journalist special treatment. Once Officer Holtan was aware Nieters was a member of the press, and had no reason to believe Nieters had been within hearing distance of the orders to disperse, it certainly was not an \u2018objectively reasonable\u2019 mistake to believe probable cause existed for the arrest. \u2018The continuation of even a lawful arrest violates the Fourth Amendment when the police discover additional facts dissipating their earlier probable cause.\u2019\u201d <a href=\"http:\/\/media.ca8.uscourts.gov\/opndir\/23\/10\/222600P.pdf\">Nieters v. Holtan<\/a>, 2023 U.S. App. LEXIS 26906 (8th Cir. Oct. 11, 2023). CNS: <a href=\"https:\/\/www.courthousenews.com\/no-qualified-immunity-for-iowa-police-officer-who-arrested-photographer-at-george-floyd-protest\/\">No qualified immunity for Iowa police officer who arrested photographer at George Floyd protest<\/a><\/p>\n\n\n\n<p>Defendant was an overnight guest, and he had standing to contest the search of the apartment. The entry, however, was by consent. People v. Gorham, 2023 NY Slip Op 51049(U) (Kings Co. Oct. 6, 2023).*<\/p>\n\n\n\n<p>Fulton County jailers charged with murder of a detainee were not \u201cpeace officers\u201d enabling them to use statutory procedures for police officers making arrests. State v. Cook, 2023 Ga. LEXIS 217 (Oct. 11, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Continuation of plaintiff\u2019s arrest after the officer learned it was unjustified denied the officer qualified immunity. \u201cEven if we concluded Officer Holtan made a reasonable mistake about probable cause when he first tackled Nieters to the ground, Nieters immediately informed &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=56031\">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":[50,40,34],"tags":[],"class_list":["post-56031","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-qualified-immunity","category-standing"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56031","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=56031"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56031\/revisions"}],"predecessor-version":[{"id":56038,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56031\/revisions\/56038"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56031"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56031"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56031"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}