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A federal appeals court ruled that the discretionary function exception to the FTCA applied in this case where the officers enforced a removal order. Atkins, Robert, Thomas W. Officers conducting surveillance for loud-music violation decided to stop a motorist driving by.
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Santa Monica, CA, The court also rejected claims for unlawful seizure of his property, the handgun. His breath smelled of alcohol, his eyes appeared red and glassy, his speech was slurred and he admitted having consumed a "couple" of "small pitchers" of beer at a truck stop an hour before.
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Respect yourself and others — stay safe and have fun. Moatti, D. Paul, 10—, U. In a lawsuit alleging false arrest and excessive force, a federal appeals court upheld summary judgment for the defendant officers, relying on a dashcam video of the incident and rejecting the argument that there were material issues of fact relating to the plaintiff's claims.
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A mere phone call reporting criminal activity, without corroboration, does not provide probable cause for an arrest. London: UCL Press, The female deputy initiated the stop because she mistakenly believed that the vehicle was stolen.
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An officer heard the music coming from the truck as it pulled away, and he followed. The officers made arrests and used non-lethal force to subdue the protestors.
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There was probable cause to arrest the reporter, nullifying any retaliatory arrest claim under the First Amendment. The officers were entitled to qualified immunity even if they lacked actual probable cause because a reasonable officer could have interpreted the law as permitting the arrests.