CA6: Individual officer not responsible for process that denied ptf prompt PC hearing under Riverside

While an arrested person has a right to a prompt judicial determination of probable cause for the arrest, it’s not necessarily on the officer to get the person before a magistrate. “[I]t was not objectively unreasonable for Wynkoop to expect the process to occur in a timely manner as it normally does. Wynkoop’s actions here make him neither a willful violator of the law nor plainly incompetent.” The officer gets qualified immunity. Roberson v. Wynkoop, 2021 U.S. App. LEXIS 33553 (6th Cir. Nov. 9, 2021).

Defendant parolee listed 159 Peacock Road as his residence. After a dispute with his wife and reconciling, he also listed 153 as an address. “Based on the evidence presented at the evidentiary hearing, the Court finds that Defendant Mills lived at 153 Peacock Road, even if he occasionally stayed in the RV across the street. Moreover, the trailer at 153 Peacock Road was the residence known to and approved by his parole officer. The Court finds that the officers could properly search 153 Peacock Road pursuant to the Defendant’s parole search condition.” United States v. Mills, 2021 U.S. Dist. LEXIS 217574 (E.D.Tenn. Oct. 8, 2021).*

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