What is the test for probable cause in a false arrest case?

MultiRegion, United States of America

The following excerpt is from Winstanley v. Port Auth. Of N.Y., 615 F.3d 129 (2nd Cir. 2010):

The Fourth Amendment right to be free from unreasonable seizures includes the right to be free from arrest absent probable cause. Jaegly v. Couch, 439 F.3d 149, 151 (2d Cir.2006). Thus, the existence of probable cause is an absolute defense to a false arrest claim, id. at 152, and the question with which we are presented is not whether Torraco and Weasner were in fact guilty of violation of the New York statute, but rather whether there was probable cause to believe that they were. Probable cause to arrest exists when the arresting officer has knowledge or reasonably trustworthy information of facts and circumstances that are sufficient to warrant a person of reasonable caution in the belief that the person to be arrested has committed or is committing a crime. Escalera v. Lunn, 361 F.3d 737, 743 (2d Cir.2004) (internal quotation marks omitted). [T]he probable cause inquiry is based upon whether the facts known by the arresting officer at the time of the arrest objectively provided probable cause to arrest, Jaegly, 439 F.3d at 153, i.e., it is objective rather than subjective. Id. at 154.

Other Questions


Is probable cause to arrest an affirmative defense to a claim of false arrest? (MultiRegion, United States of America)
Is the invalidity of an arrest warrant invalidated if the arresting officer himself originally had ample probable cause to arrest? (MultiRegion, United States of America)
When there is no probable cause to arrest, does a police officer have qualified immunity from a claim of false arrest? (MultiRegion, United States of America)
Can a federal civil rights claim for false arrest where the arresting officer had probable cause? (MultiRegion, United States of America)
How have the courts determined that there was probable cause to arrest and not a false arrest? (MultiRegion, United States of America)
What is the test for probable cause in a false arrest case? (MultiRegion, United States of America)
What is the test for probable cause probable cause of action in a case where a suitcase was found to contain contraband at an airport? (MultiRegion, United States of America)
Does a finding of false arrest and malicious prosecution have to overcome the presumption of probable cause in a criminal case? (MultiRegion, United States of America)
What is probable cause to arrest for false arrest? (MultiRegion, United States of America)
Is probable cause to make a warrantless arrest based on probable cause? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.