Even if the officer had an ulterior motive for defendant’s stop, it was based on probable cause of a traffic offense. The fact the officer couldn’t quote the statute in court doesn’t show that the stop was unreasonable or without a basis. State v. Martin, 2019-Ohio-4934, 2019 Ohio App. LEXIS 4981 (5th Dist. Nov. 26, 2019).
Not only was there a jury question on the probable cause for plaintiff’s arrest, he was pepper sprayed without any showing that he was a threat. Qualified immunity was properly denied. Ayala v. Hogsten, 2019 U.S. App. LEXIS 35756 (6th Cir. Dec. 2, 2019).*
Defendant’s Franks challenge is denied for lack of falsity (one of many issues in a 188 page death penalty case). People v. Beck, 2019 Cal. LEXIS 8936 (Dec. 2, 2019).*