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Civil Rights –false arrest

United States Court of Appeals For the Seventh Circuit

Civil

Civil Rights –false arrest

Where a driver was legally stopped for speeding, his subsequent arrest could not violate the Fourth Amendment.

“Once Officer Snyder had probable cause to conduct the traffic stop of Jones for speeding, he could arrest Jones without violating his Fourth Amendment rights. See Atwater v. City of Lago Vista, 532 U.S. 318, 354 (2001); United States v. Childs, 277 F.3d 947, 953 (7th Cir. 2002) (‘A person arrested for an offense punishable only by a fine typically is given a citation (a “ticket”) and released, but Atwater holds that the Constitution allows the police to place the person in custody and take him to be booked.’). Thus, we need not address whether Officers Snyder and Moore also had probable cause to arrest Jones for OWI-refusal or OWI-endangerment.”

Affirmed.

12-3912 Jones v. City of Elkhart

Appeal from the United States District Court for the Northern District of Indiana, Springmann, J., Tinder, J.


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