Back to list of subjects Back to Legal Publications Menu. The appeals court noted that the deputy could justify the arrest by showing probable cause for any crime, and that probable cause existed to arrest the plaintiff for interference with public duties in light of the prevailing law at the time of t he arrest. In this case, probable cause existed to arrest the plaintiff after she instructed her child to physically disobey the officer and the child complied. The deputy had legal authority to place the child in protective custody.
Voss v. Goode, , F. A reporter for a local news organization heard on a police scanner of multiple traffic stops in a specific area. He suspected that police were running a prostitution sting operation. An officer noticed him and radioed the team. An officer told him that he was not, but that his continued presence would constitute obstruction of a police detail and result in arrest. News stories listed his name as an arrestee in the prostitution sting.
The charges against him were dismissed. He sued the officers and the city under 42 U. The federal appeals court upheld summary judgment for the defendants on First Amendment retaliation and malicious prosecution under Illinois law, citing the U. Bartlett , , S. There was probable cause to arrest the reporter, nullifying any retaliatory arrest claim under the First Amendment. Lund v. City of Rockford , , U.
Lexis 7th Cir. In making the report, the neighbor admitted to police that she did not know whether it was a BB gun that was fired, and that she did not see the allegedly injured cat. When Animal Control arrived and spoke to the man, he explained that he had shot at a trampoline with a BB gun to scare the cat. The officer saw neither weapons nor injured cats, yet when other officers arrived at the residence, one forcibly entered the home and made a warrantless arrest.
There were no exigent circumstances as there was no information that the arrestee was armed and likely to use a weapon or become violent, and an exception to the warrant requirement was needed for a warrantless entry into a home.
