Please ensure Javascript is enabled for purposes of website accessibility

Probable Cause

By: Derek Hawkins//February 1, 2018//

Probable Cause

By: Derek Hawkins//February 1, 2018//

Listen to this article

United States Supreme Court

Case Name: District of Columbia, et al. v. Wesby, et al.

Case No.: 15-1485

Focus: Probable Cause

This case involves a civil suit against the District of Columbia and five of its police officers, brought by 16 individuals who were arrested for holding a raucous, latenight party in a house they did not have permission to enter. The United States Court of Appeals for the District of Columbia Circuit held that there was no probable cause to arrest the partygoers, and that the officers were not entitled to qualified immunity. We reverse on both grounds.

There is no dispute that the partygoers entered the house against the will of the owner. Nonetheless, the partygoers contend that the officers lacked probable cause to arrest them because the officers had no reason to believe that they “knew or should have known” their “entry was unwanted.” Ortberg v. United States, 81 A. 3d 303, 308 (D. C. 2013). We disagree. Considering the totality of the circumstances, the officers made an “entirely reasonable inference” that the partygoers were knowingly taking advantage of a vacant house as a venue for their late-night party. Pringle, supra, at 372.

Our conclusion that the officers had probable cause to arrest the partygoers is sufficient to resolve this case. But where, as here, the Court of Appeals erred on both the merits of the constitutional claim and the question of qualified immunity, “we have discretion to correct its errors at each step.” Ashcroft v. al-Kidd, 563 U. S. 731, 735 (2011); see, e.g., Plumhoff v. Rickard, 572 U. S. ___ (2014). We exercise that discretion here because the D. C. Circuit’s analysis, if followed elsewhere, would “undermine the values qualified immunity seeks to promote.” alKidd, supra, at 735.7.

The judgment of the D. C. Circuit is therefore reversed, and the case is remanded for further proceedings consistent with this opinion.

Reversed and Remanded

Dissenting:

Concurring: ROBERTS, C. J., and KENNEDY, BREYER, ALITO, KAGAN, and GORSUCH, JJ., SOTOMAYOR, J., GINSBURG, J.,

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests