{"id":7250,"date":"2013-01-12T11:25:10","date_gmt":"2012-06-06T08:56:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-06-06T08:56:00","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7250","title":{"rendered":"CA10: \u201c[I]t is not clear that individuals have a constitutional right to a reasonable post-arrest investigation.\u201d"},"content":{"rendered":"

Plaintiff was arrested and detained for 224 days for a sexual assault charge that was ultimately dismissed. He had a prosthetic lower leg and had prostate surgery that made it impossible for him to ejaculate, two things not mentioned anywhere in the investigation. \u201c[I]t is not clear that individuals have a constitutional right to a reasonable post-arrest investigation.\u201d Barham v. Town of Greybull Wyo.<\/a>, 483 Fed. Appx. 506 (10th Cir. 2012)*:<\/p>\n

We turn next to Plaintiff’s argument that his constitutional rights were violated by his 224-day detention on charges that were later dismissed. He contends there were problems with the alleged victims’ stories, particularly relating to Plaintiff’s inability to ejaculate semen, and he argues a reasonable law enforcement officer would have investigated these problems and attempted to obtain Plaintiff’s release earlier. As we stated in Romero<\/a>, it is not clear that individuals have a constitutional right to a reasonable post-arrest investigation. See Romero<\/a>, 45 F.3d at 1478. To the extent there is such a right, it must be based on “facts that, at a minimum, demonstrate Defendants acted with deliberate or reckless intent.” Id. After thoroughly reviewing the record, we conclude that the officers’ post-arrest investigation was, at most, negligent. Thus, Plaintiff has not shown the officers’ conduct during his detention violated any potential constitutional right to a reasonable post-arrest investigation.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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