311 F. Supp. 3d 441
D.D.C.2018Background
- In October 2012 four Boston police officers approached two teenage boys near a house under construction; officers smelled burnt marijuana. Walker (then 17) ran when an officer spoke to him; an officer (Femino) pursued on foot.
- Walker entered the backyard and went into a basement apartment; a woman emerged from the basement screaming. Femino entered, subdued and handcuffed Walker; no weapon or contraband was found.
- Walker later told officers the house was his; his mother identified him as her son and said he was off his medication. Walker was not charged and was soon released.
- Walker sued under 42 U.S.C. § 1983 (false arrest and unlawful search) and state tort claims (false imprisonment, IIED, assault/battery, excessive force). Femino moved for partial summary judgment on the § 1983 claims for the foot pursuit, arrest/search, and the false-imprisonment claim.
- The court assumed facts most favorable to Walker (e.g., he was on the sidewalk, not trespassing) but accepted that officers smelled marijuana and that Walker fled; the court granted summary judgment for Femino on the foot-pursuit (qualified immunity), arrest/detention (probable cause), searches (incident to arrest), and false-imprisonment claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Lawfulness of foot pursuit/seizure (reasonable suspicion) | Flight in response to officers did not justify seizure; Walker was on sidewalk, not trespassing | Smell of marijuana + sudden flight (and perceived running indicating a weapon) gave reasonable suspicion | Court avoided ruling constitutional violation; held officer entitled to qualified immunity because it was not clearly established that marijuana odor plus flight would not justify a Terry stop |
| Lawfulness of handcuffing/detention (probable cause) | Handcuffing/brief detention was an arrest requiring probable cause; Walker said it was his home | Screaming woman emerging from basement reasonably supported belief Walker was trespassing; officers saw conduct supporting probable cause | Probable cause existed for arrest/detention; summary judgment for Femino granted |
| Lawfulness of searches (searches incident to arrest) | Second search outside was unnecessary after quick basement frisk | Initial quick search in dark basement was limited; follow-up search outside was reasonable to ensure no weapon/evidence | Both the immediate and follow-up searches were lawful as searches incident to a lawful arrest; summary judgment for Femino granted |
| False imprisonment (state law) | Pursuit and detention constituted unlawful confinement | Arrest was supported by probable cause; pursuit alone is not confinement under Massachusetts law | No false-imprisonment claim: lawful arrest negates claim; pursuit alone not "confinement"; summary judgment for Femino granted |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes standard for investigatory stops and reasonable, articulable suspicion)
- Illinois v. Wardlow, 528 U.S. 119 (2000) (unprovoked flight can contribute to reasonable suspicion)
- United States v. Staula, 80 F.3d 596 (1st Cir. 1996) (odor of marijuana can establish probable cause/support search)
- Commonwealth v. Cruz, 459 Mass. 459 (Mass. 2011) (under Massachusetts law, burnt-marijuana odor alone cannot justify certain police actions under state constitution)
- United States v. Robinson, 414 U.S. 218 (1973) (search incident to a lawful arrest permits warrantless search to disarm and preserve evidence)
- Pearson v. Callahan, 555 U.S. 223 (2009) (qualified immunity framework permitting courts to address the clearly-established step first)
- Beck v. Ohio, 379 U.S. 89 (1964) (probable cause standard for arrest)
- United States v. Edwards, 415 U.S. 800 (1974) (a second warrantless search after arrest can be reasonable if the justifying interests persist)