APRIL SMITH v. JASON MUNDAY et al
US Court of Appeals for the Fourth Circuit, Gregory, Feb. 3, 2017,
Qualified Immunity- The officer who drafted and submitted an application for an arrest warrant can be held liable for malicious prosecution. However, officers that merely serve a facially valid arrest warrant are not liable for false arrest.
(Concur, Dissent – Agee- Reasonable minds could disagree as to whether there was probable cause; concur as to other claims)
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BRANDON PEGG v. GRANT HERRNBERGER
US Court of Appeals for the Fourth Circuit, Agee, Jan. 4, 2017,
Qualified Immunity- Arrest – An officer who makes a legal arrest for a minor traffic infraction is covered by qualified immunity even if the maximum punishment for the traffic infraction is only a fine.
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STATE OF MARYLAND, ET AL. v. VADIM ROSHCHIN, ET AL.
Court of Appeals, McDonald, Filed Jan. 26, 2016,
Arrest – TR 5-1104 – The “right” to receive a citation for a misdemeanor under TR 5-1104 “has no bearing” on whether an officer may legally make an arrest instead of or in conjunction with issuance of a citation.
Reversing the CoSA opinion
(Dissent by Adkins – agrees with the CoSA that the arrest was not valid)
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