Is a police officer liable for false arrest under the Fourth Amendment?
MultiRegion, United States of America
The following excerpt is from Williams v. City of Bakersfield, Case No.: 1:14-cv-001955 - JLT (E.D. Cal. 2017):
Alternatively, under Devenpeck v. Alford, 125 S.Ct. 588 (2004), an officer is not liable for a false arrest under the Fourth Amendment unless the officer lacked probable cause to support any offense regardless of the offense actually charged or the one in the officer's mind at the time.3 Devenpeck held,
Id. at 593-594.
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