892 F.3d 1288
11th Cir.2018Background
- Two pharmacies were targeted on consecutive days: a Walgreens robbery (two pill bottles, six pills) and an attempted Rite Aid robbery; perpetrator wore a partial face mask and handed a bomb-note.
- Crime Stoppers aired surveillance video; an anonymous tip and a confidential informant separately told police that Jeffrey Cozzi resembled the person in the video and provided Cozzi’s address and vehicle description.
- Detectives obtained and executed a search warrant at Cozzi’s home; officers detained Cozzi outside, handcuffed him, searched the residence and truck, found a plastic bag with 32 loose pills and two safes, but no mask, note, matching clothing, Walgreens bag, or the two pill bottles from the robbery.
- Cozzi’s roommate told Detective Thomas during the search that the photo showed numerous arm tattoos whereas Cozzi had only one tattoo; Thomas did not check Cozzi’s tattoo before arresting him.
- Thomas arrested Cozzi, took him to the station, and released him the next day when he could not substantiate probable cause. Cozzi sued under 42 U.S.C. § 1983 for unlawful arrest; the district court denied Thomas qualified immunity on that claim.
Issues
| Issue | Plaintiff's Argument (Cozzi) | Defendant's Argument (Thomas) | Held |
|---|---|---|---|
| Whether Thomas is entitled to qualified immunity for arresting Cozzi | Arrest lacked arguable probable cause because the totality of facts (weak tips, no matching evidence from search, and a roommate’s exculpatory tattoo information ignored) show constitutional violation | Arguable probable cause existed based on two corroborating tips identifying Cozzi as resembling the perpetrator, corroborated address/vehicle, and discovery of 32 pills during the search | Denied: viewing facts for Cozzi, arrest violated clearly established Fourth Amendment rights; Thomas lacked arguable probable cause and is not entitled to qualified immunity |
Key Cases Cited
- Beck v. Ohio, 379 U.S. 89 (probable cause requirement for warrantless arrests)
- Illinois v. Gates, 462 U.S. 213 (totality-of-the-circumstances test for tip reliability)
- Florida v. J.L., 529 U.S. 266 (limitations on anonymous tips describing only readily observable facts)
- District of Columbia v. Wesby, 138 S. Ct. 577 (probable cause evaluated under totality of circumstances)
- Kingsland v. City of Miami, 382 F.3d 1220 (officers may not unreasonably disregard exculpatory evidence)
- Skop v. City of Atlanta, 485 F.3d 1130 (arrest without arguable probable cause violates Fourth Amendment; clearly established law)