{"id":18501,"date":"2015-08-19T10:16:36","date_gmt":"2015-08-19T15:16:36","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=18501"},"modified":"2015-08-19T10:16:36","modified_gmt":"2015-08-19T15:16:36","slug":"ca7-witness-ids-enough-for-arrest-thus-barring-%c2%a7-1983-case","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=18501","title":{"rendered":"CA7: Witness ID&#8217;s enough for arrest thus barring \u00a7 1983 case"},"content":{"rendered":"<p>Four witnesses ID\u2019d defendant for a crime. The fact that the charges were later dropped didn\u2019t form a basis for a \u00a7 1983 case. There was probable cause and no reasonable jury would conclude otherwise and that&#8217;s qualified immunity. <a href=\"http:\/\/media.ca7.uscourts.gov\/cgi-bin\/rssExec.pl?Submit=Display&#038;Path=Y2015\/D08-17\/C:14-1347:J:Hamilton:aut:T:fnOp:N:1605988:S:0\">Hart v. Mannina<\/a>, 2015 U.S. App. LEXIS 14422 (7th Cir. August 17, 2015)<\/p>\n<p>The trial court held that defendant was not seized, but he was, for two hours. The reasonableness of the detention, however, is apparent from the record, and the longer the stop went, the more reasonable suspicion was building. Defendant was stopped on a cul-de-sac and semi-blocked in, and the officers were questioning them about possible thefts in the area. Inquiries about the trailer attached to the truck were not excessive and were within the basis for the stop. <a href=\"http:\/\/www.isc.idaho.gov\/opinions\/42277.pdf\">State v. Howell<\/a>, 2015 Ida. App. LEXIS 73 (August 17, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Four witnesses ID\u2019d defendant for a crime. The fact that the charges were later dropped didn\u2019t form a basis for a \u00a7 1983 case. There was probable cause and no reasonable jury would conclude otherwise and that&#8217;s qualified immunity. Hart &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=18501\">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":[45,40,63],"tags":[],"class_list":["post-18501","post","type-post","status-publish","format-standard","hentry","category-45","category-qualified-immunity","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18501","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=18501"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18501\/revisions"}],"predecessor-version":[{"id":18502,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18501\/revisions\/18502"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18501"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18501"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18501"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}