- Ref # CAC00115
- August 30, 2023
Exploring a Citizen’s Refusal to Cooperate, Probable Cause to Arrest Them, Use of Force and Retaliation
Case Law and Legal Issues: A private citizen’s refusal to cooperate in an investigation does not provide an officer with probable cause to arrest, use of excessive force, or retaliate.
- Arrests
- Probable Cause to Arrest
- Refusing to Cooperate as Probable Cause to Arrest
- Excessive Force in Making an Arrest
- Retaliatory Arrests
- Absent the use of physical force or a submission to the assertion of authority, a person is not arrested.
- Qualified immunity protects an officer from civil liability when it is objectively reasonable for an officer to believe that he or she had probable cause to make an arrest.
- In determining how much force may be used in making an arrest, the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight, all are to be considered.
- Arresting someone in retaliation for them having expressed an opinion or making a comment violates that person’s First Amendment right to freedom of expression.
On April 30, 2019, someone (not named) observed a “dark grey Ford Mustang” being driven “erratically” in Fountain Valley, California, by a white male with black hair between the ages of 25 and 30. More importantly, the caller reported seeing a blindfolded female passenger in the car. The caller was able to record the license number and report that as well. A registration check provided the police with the name of the owner, Benjamin Hill, and an address.
Fountain Valley Police Department Officers Stuart Chase and Gannon Kelly drove to Hill’s home to check the well-being of the passenger. Unbeknownst to the officers, Hill was taking his blindfolded wife to a restaurant for a surprise anniversary dinner.
As the officers arrived at the residence, Teresa Hill – Benjamin’s mother – happened to be pulling into the driveway with her grandchildren in tow. She verified that Benjamin did in fact live there, and that he owned a grey Mustang. ....
