By: Derek Hawkins//September 28, 2015//
Civil
7th Circuit Court of Appeals
Officials: POSNER, KANNE, and HAMILTON, Circuit Judges.
4th Amendment – Arrest Warrant – Consent
No. 14-1641 Terez Cook v. Anthony O’Neill
Consent given by fiancé of appellant to enter apartment where appellant was subsequently arrested, along with existence of valid arrest warrant negates appellant’s claims for 4th amendment violations.
““Probable cause to arrest is an absolute defense to any claim under Section 1983 against police officers for wrongful arrest.” Mustafa v. City of Chicago, 442 F.3d 544, 548 (7th Cir. 2006). And that is when there’s no warrant—here there was one. Once Cook acknowledged to the officers that his street names were “BN” and “Rex,” there was additional probable cause to arrest him for the robbery. As for damages for loss of personal property of Cook seized by the police and not returned, that property was seized after Thede, following Cook’s arrest, had consented to a search of the apartment. As it was her apartment, not Cook’s (he was not a joint tenant), she had authority to consent.”
Affirmed