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Tacit Blue
10-19-2010, 11:41 AM
Hello everyone,



I was studying for my criminal justice class and found this case:


Enright v. Groves


Citation. 39 Colo.App. 39, 560 P.2d 851 (Colo. Ct. App. 1977).

Brief Fact Summary. Defendant, a police officer spied a dog running without a leash in violation of Defendant city’s local ordinance. After determining the dog belonged to Plaintiff, the officer located Plaintiff and demanded her driver’s license, which Plaintiff refused to give. The officer told Plaintiff he would arrest her if she didn’t turn over her license, and when she failed to do so he placed her under arrest, after which she was convicted of violating the leash ordinance.


Synopsis of Rule of Law. Conviction of the crime for which one is arrested bars a subsequent claim for false imprisonment, but does not provide a defense when there was probable cause to arrest for a different crime.


Facts. When Defendant officer saw a dog running without a leash in violation of an ordinance, he searched for its owner. When he determined Plaintiff to be the owner, he located her and demanded her driver’s license without explaining why. Plaintiff refused, instead telling the officer her address. The officer told Plaintiff he would arrest her if she did not surrender her driver’s license. Plaintiff again failed to do so, and the officer placed her under arrest. Plaintiff was later convicted of violating the leash ordinance. Plaintiff brought suit for false imprisonment, and the jury awarded her $500 in actual damages and $1000 in punitive damages.

This police officer had no common sense whatsoever. I know the officer was in the law but talk about officers use of " discretion" :rofl2:

dieselpower
10-19-2010, 12:23 PM
I have heard this one before in another case. The fact I can not give or refuse to give ID doesn't = arrest. You need more to jump that fence with arrest.

Its an ego thing with some Officers. The fact you say, "No" sends them into a rage..how dare you...Its at that point the Officer is in danger. This is the prime time for an Officer to go overboard...and is exactly what the suspect is hoping for. This is the primary reason PDs train on remaining calm with jackwagons who are stopped.

N6ATF
10-19-2010, 12:28 PM
Not the funniest. From the owner's perspective, it was a random stop-and-ID.

CHS
10-19-2010, 12:31 PM
That's really not funny. Not at all.

Tacit Blue
10-19-2010, 2:06 PM
I have heard this one before in another case. The fact I can not give or refuse to give ID doesn't = arrest. You need more to jump that fence with arrest.

Its an ego thing with some Officers. The fact you say, "No" sends them into a rage..how dare you...Its at that point the Officer is in danger. This is the prime time for an Officer to go overboard...and is exactly what the suspect is hoping for. This is the primary reason PDs train on remaining calm with jackwagons who are stopped.

But over a animal, a dog without a leash common. At least call animal control, instead of getting sued for false imprisonment over a petty ticket.

BoxesOfLiberty
10-19-2010, 2:55 PM
When I was in college (a couple of decades ago) I went for a midnight walk to the nearest liquor store for a pack of cigarettes.

It was a warm night and I was wearing running shorts and a tee. I left my wallet at home (the weight had a tendency to drag my shorts down) and grabbed some cash. I didn't even take keys, because I knew my roommates weren't going anywhere.

Needless to say I was stopped by a police officer who said I was behaving suspiciously by nature of being out alone on foot late at night. He then gave me a lecture about being required to provide ID when asked for it. I disagreed with his legal expertise, and by the time it was over I had spoken with three officers (one a sergeant) and used up at least 2.5 taxpayer funded man-hours during a detention that lasted more than an hour.

In hindsight it seems a little funny, particularly the Sgt demanding that I tell him what lawful purpose I could possibly have for walking down a sidewalk alone at night.

At the time though, I didn't find it even a little bit funny. I was outraged. There's a scene in The Hurt Locker where one of the marines says (talking about an Iraqi civilian they have just contacted) "if he wasn't an insurgent before, he is now".