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Pretrial Detention-Probable Cause

By: WISCONSIN LAW JOURNAL STAFF//February 19, 2024//

Pretrial Detention-Probable Cause

By: WISCONSIN LAW JOURNAL STAFF//February 19, 2024//

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7th Circuit Court of Appeals

Case Name: Thomas Moorer v. City of Chicago

Case No.: 22-1067

Officials: Sykes, Chief Judge, and Rovner and Brennan, Circuit Judges.

Focus: Pretrial Detention-Probable Cause

Moorer, who faced charges of murder and attempted murder, asserted that his arrest lacked probable cause and contested the constitutionality of his pretrial detention. Despite being acquitted of all charges by a jury, Moorer’s challenge centered on the actions of Chicago Police Department officers, who were the defendants in the case.

The incident stemmed from a fatal shooting in a shared apartment, where witnesses, including Edwin Ramos, identified Moorer as the assailant. Ramos, whose brother Edward was killed in the shooting, informed the police that the individual entering the apartment was known as “Boom.” Subsequently, Moorer was arrested and indicted on numerous charges, supported by a 135-count indictment from a grand jury.

Moorer contended that the witness identifications were unreliable and that the police failed to adequately investigate his alibi. He argued that had the prosecutors been fully informed of all pertinent facts known to the officers, they would have concluded there was no probable cause.

However, the Seventh Circuit determined that the officers indeed had probable cause for Moorer’s arrest and detention, citing seven independent witness identifications. Emphasizing that pretrial detention hinges not on proving guilt beyond a reasonable doubt but on whether a reasonable person would believe the suspect committed a crime, the court found no facts presented by Moorer that would negate probable cause.

Consequently, the court upheld the district court’s decision, which had granted summary judgment in favor of the defendants.

Affirmed.

Decided 02/09/24

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