What is probable cause to arrest for false Page 95 arrest claims?

Probable cause to arrest exists if, "under the totality of the circumstances known to the arresting officers, a prudent person would have concluded that there was a fair probability that [the plaintiff] had committed a crime. Beier v. City of Lewiston, 354 F.2d 1058, 1065 (9^th Cir.2004). The proper inquiry where an officer is claiming qualified immunity for a false

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arrest claim is "whether a reasonable officer could have believed that probable cause existed to arrest the plaintiff." Franklin v. Fox, 312 F.3d 423, 437 (9^th Cir.2002). Qualified immunity does not depend on whether probable cause actually existed.