8th Circuit Court of Appeals: Cops Can Come Up w/Probable Cause AFTER the Arrest

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8th Circuit Court of Appeals: Cops Can Come Up w/Probable Cause AFTER the Arrest

Post by BB62 »

This is *exactly* the kind of behavior that poisons people's view of cops.

The title of the thread, which is somewhat inaccurate, comes from the video I watched describing the decision:


Here's the Appeals Court ruling: https://law.justia.com/cases/federal/ap ... 09-06.html

Mason Murphy v. Michael Schmitt, No. 22-1726 (8th Cir. 2023)

Court Description: [Per Curiam - Before Grasz, Melloy, and Kobes, Circuit Judges] Civil case - Civil rights. The police officer defendant had probable cause to stop plaintiff because he was walking on the wrong side of the road in violation of Mo. Rev. Stat. Sec. 300.405, and the district court did not err in dismissing plaintiff's First Amendment retaliation claim; plaintiff failed to plead facts sufficient to demonstrate a facial plausibility that police commonly see violations of the statute on similar roads and fail to make arrests, and thus he failed to fall within the exception set out in Nieves v. Bartlett, 139 S. Ct. 1715, 1727 (2019) to the general rule that probable cause defeats a retaliatory arrest claim. Judge Grasz, dissenting.
Yes, I do believe in open carry. An openly armed man is clear in his intentions. Concealed carriers are sneaks and skulkers and elitist, boot licking, political contribution making, running dog lackies of The Man. <wink> (thx grumpycoconut - OpenCarry.org)

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