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.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.