{"id":1782,"date":"2008-04-18T08:42:26","date_gmt":"2008-02-13T07:54:53","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-02-13T07:54:53","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1782","title":{"rendered":"Plaintiff’s acquittal in criminal case still defeated her civil action for false arrest because of existence of probable cause"},"content":{"rendered":"

Plaintiff was charged, tried, and acquitted in the accidental death of her child. After the acquittal, she sued the police. “The existence of probable cause to support Plaintiff’s arrest necessarily precludes her entire action”, including collateral estoppel from the finding of probable cause in the underlying criminal action. Garner v. Grant, 2008 U.S. Dist. LEXIS 9649 (E.D. Mich. February 8, 2008).* (Comment:<\/em> As defense lawyers, we see clients who want to sue the police after they win their criminal case (and a lot who want to sue as soon as they are charged). They should be thankful they got out of the criminal case and get on with life. This case was different because of the nature of the underlying case, but that only explains the plaintiffs’ desire to sue, not that it will ever be successful.)<\/p>\n

On a motion to return property under Rule 41(g), the government is ordered to file, in camera, if necessary, a response as to why it needs the evidence. United States v. 515 Concord Ave., 2008 U.S. Dist. LEXIS 9658 (W.D. N.C. January 29, 2008).*<\/p>\n

Officer had probable cause to stop and detain the defendant who was suspected of having broken into a car which was reported by a security guard at an apartment complex. When the defendant was seen, there was probable cause for a search, and the search of his car was justified by the automobile exception. Commonwealth v. Bostock<\/a>, 450 Mass. 616, 880 N.E.2d 759 (2008).*<\/p>\n

Plaintiffs showed sufficient evidence to survive summary judgment that the officer had no reasonable suspicion based on an anonymous, completely uncorroborated tip. Likewise, there was no basis for an entry into their house, either. Holloway v. Vargas, 535 F. Supp. 2d 1219 (D. Kan. 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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