637 F. App'x 859
6th Cir.2015Background
- Late-night stabbing: Angela Bentley stabbed Jonathan Ciccotelli during an altercation; Ciccotelli identified Angela and said she lived at plaintiff Carmen Amis’s address.
- Officers went to Amis’s house; Amis twice told officers Angela was not there and twice re-entered the house to check when asked; officers were not allowed inside.
- Officers observed a female matching Angela’s description through a front window while Amis had just told them Angela was not present; Angela was subsequently brought out and arrested.
- Twardesky arrested Amis initially for harboring a fugitive; she was later charged with resisting/obstructing and then re-arrested for accessory after the fact; state courts dismissed the accessory charge for lack of probable cause.
- Amis sued under 42 U.S.C. § 1983 for unlawful arrest (and other claims); the district court granted summary judgment to the officers on the unlawful arrest claim based on qualified immunity; Amis appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers violated Amis’s Fourth Amendment right by arresting her (false arrest) | Amis: officers lacked probable cause because she merely refused entry/consented denial and was not shown to know of or aid Angela’s crime | Officers: they had probable cause to arrest for obstruction, accessory after the fact, or harboring once facts observed supported those offenses | Held: Qualified immunity applies because a reasonable officer could have believed probable cause existed given Amis’s denials followed by officers seeing Angela in the house |
| Probable cause for obstruction (resisting/obstructing an officer) | Amis: standing on porch and refusing consent to search did not amount to obstruction | Officers: Amis’s repeated denials and failure to produce Angela could be a knowing failure to comply with a lawful command | Held: Officer could reasonably conclude probable cause existed to arrest for obstruction because Amis twice went inside and returned without Angela before officers saw Angela in the window |
| Probable cause for accessory after the fact | Amis: no evidence she knew of or intended to hinder Angela’s arrest beyond denying Angela’s presence | Officers: observing a person matching Angela’s description hiding in Amis’s house after Amis’s denials supported inference of knowledge/assistance | Held: Although close to Evans precedent, facts here (Amis’s denials + seeing Angela in window) could reasonably support probable cause for accessory after the fact |
| Qualified immunity standard application | Amis: right was clearly established and officers lacked probable cause | Officers: even if mistaken, reasonable officers are protected when facts available could support probable cause | Held: Court applied qualified immunity — officers were entitled to it because reasonable officers could have believed the arrest lawful under clearly established law |
Key Cases Cited
- Devenpeck v. Alford, 543 U.S. 146 (officer need only have probable cause for any offense supported by facts known to officer)
- Everson v. Leis, 556 F.3d 484 (6th Cir.) (qualified immunity if officer reasonably, even if erroneously, believed arrest lawful)
- Evans v. City of Etowah, Tenn., [citation="312 F. App'x 767"] (6th Cir.) (insufficient evidence of accessory intent where occupant promptly cooperated and suspect immediately emerged)
- Smith v. Patterson, [citation="430 F. App'x 438"] (6th Cir.) (officer’s reasonable mistake about probable cause can warrant qualified immunity)
- Texas v. Brown, 460 U.S. 730 (probable cause is practical, nontechnical standard not requiring certainty)
- Beck v. Ohio, 379 U.S. 89 (definition of probable cause standard for stops/arrests)
- United States v. Mosley, 575 F.3d 603 (6th Cir.) (failure to obey a lawful order can constitute obstruction)
- People v. Perry, 594 N.W.2d 477 (Mich.) (definition of accessory after the fact under Michigan law)