Does a subsequent dismissal of a petty theft charge render the arrest itself unlawful?

MultiRegion, United States of America

The following excerpt is from Gardner v. Kingdom, No. 2:15-cv-2085-WBS-EFB P (E.D. Cal. 2018):

2. To the extent plaintiff is implying that the subsequent dismissal of his petty theft charge renders the arrest itself unlawful, he is incorrect. See, e.g., Davis v. Cnty. of San Bernardino, 2009 U.S. Dist. LEXIS 106659, 2009 WL 3838287, at *5 (C.D. Cal. Nov. 13, 2009) (citations omitted) ("Regardless of the reasons initially given for making an arrest, an arrest is valid as long as there is probable cause to arrest for any offense."). Crucially, plaintiff has not alleged facts indicating that no probable cause existed for Messina to arrest plaintiff.

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