{"id":29983,"date":"2017-11-03T13:04:12","date_gmt":"2017-11-03T18:04:12","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=29983"},"modified":"2017-11-03T13:04:12","modified_gmt":"2017-11-03T18:04:12","slug":"ca6-no-reasonable-officer-could-conclude-there-was-pc-for-pfts-arrest","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=29983","title":{"rendered":"CA6: No reasonable officer could conclude there was PC for pft’s arrest"},"content":{"rendered":"

\u201cWhen reviewing the information known to Seidl at the time of Zavatson’s arrest, we conclude that no reasonable officer could have believed, based on anything more than speculation, that Zavatson had committed the purported theft. As an initial matter, there is no direct connection between Zavatson and the theft.\u201d Multiple people were all potential suspects, and no individual could be identified. \u201cHere, a reasonable jury could conclude that Seidl made deliberately false statements and intentional omissions in his warrant application that were material to Odgers’s finding of probable cause. For example, in the \u2018Summary of Offense\u2019 in his warrant request, Seidl stated that video surveillance showed Zavatson committing the crime, which it did not; Seidl stated that the theft occurred on a particular date and time, when in fact that information was uncertain; and Seidl failed to note that video surveillance placed Zavatson at the opposite end of the school three minutes after the suspect exited Sonnenfeld’s office.\u201d Thus, he gets no qualified immunity. Zavatson v. City of Warren<\/a>, 2017 U.S. App. LEXIS 21859 (6th Cir. Oct. 31, 2017).<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cWhen reviewing the information known to Seidl at the time of Zavatson’s arrest, we conclude that no reasonable officer could have believed, based on anything more than speculation, that Zavatson had committed the purported theft. As an initial matter, there … Continue reading →<\/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":[45,20,40],"tags":[],"class_list":["post-29983","post","type-post","status-publish","format-standard","hentry","category-45","category-probable-cause","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29983","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=29983"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29983\/revisions"}],"predecessor-version":[{"id":29984,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29983\/revisions\/29984"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=29983"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=29983"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=29983"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}