02-1918 Thompson v. Wagner

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“The ‘probable cause’ theory has to fail because it was unreasonable to assume that probable cause existed. What the officers had was simply this: the statement, 5 months after the ‘crime,’ by a convicted felon who admittedly lied to them earlier in their investigation. Without even a modicum of additional investigation, we think a reasonable officer would not have believed he had probable cause to place Mrs. Thompson under arrest based on what Myers said in his second statement. Add to this what the officers didn’t have – knowledge about diamonds – and we have more fuel to add to the fire of unreasonableness. The ‘obstruction’ theory also fails. Mrs. Thompson voluntarily went with the officers to the waiting area. She was told she was not under arrest. When she wanted to get up and go to call her husband, she had a right to do so. To hold otherwise would be to say that anyone who decides to terminate a voluntary conversation with a police officer commits a crime. It would not be reasonable – or consistent with the Fourth Amendment – for a police officer to hold this view.”

Reversed and remanded.

Appeal from the United States District Court for the Northern District of Illinois, Darrah, J., Evans, J.