{"id":58690,"date":"2024-08-22T08:23:52","date_gmt":"2024-08-22T13:23:52","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58690"},"modified":"2024-08-22T08:23:52","modified_gmt":"2024-08-22T13:23:52","slug":"md-no-claim-for-false-arrest-under-an-arrest-warrant-approved-by-a-judge-on-pc","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=58690","title":{"rendered":"MD: No claim for false arrest under an arrest warrant approved by a judge on PC"},"content":{"rendered":"\n<p>After being acquitted in a bench trial on interpretation of the statute involved, plaintiff sued for false arrest and malicious prosecution. The arrest warrant was issued on probable cause by a neutral and detached magistrate, and the officers had to rely on the probable cause finding. The case fails. [Also, the acquittal appears baseless.] <a href=\"https:\/\/www.courts.state.md.us\/data\/opinions\/coa\/2024\/19a23.pdf\">Rovin v. State<\/a>, 2024 Md. LEXIS 313 (Aug. 15, 2024).<\/p>\n\n\n\n<p>The officer here was on foot patrol in an apartment complex known as a high crime area, and he encountered defendant armed with a handgun who tried to conceal it and then flee. That was reasonable suspicion for a stop. United States v. Gomez, 2024 U.S. App. LEXIS 20837 (5th Cir. Aug. 16, 2024).*<\/p>\n\n\n\n<p>Defendant\u2019s traffic offense was reasonable suspicion for this stop, and the officer could order him out of the vehicle under Mimms. State v. Wright, 2024-Ohio-3142 (9th Dist. Aug. 19, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>After being acquitted in a bench trial on interpretation of the statute involved, plaintiff sued for false arrest and malicious prosecution. The arrest warrant was issued on probable cause by a neutral and detached magistrate, and the officers had to &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=58690\">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":[50,20,35],"tags":[],"class_list":["post-58690","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58690","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=58690"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58690\/revisions"}],"predecessor-version":[{"id":58691,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58690\/revisions\/58691"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58690"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58690"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58690"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}