Thursday, February 2, 2017

Resolving the issue of probable cause as a matter of law.

The Appellate Division affirmed the motion court's finding that there was an issue of fact regarding probable cause for plaintiff's search, seizure, and arrest, precluding summary judgment on the federal claims of false arrest, false imprisonment, and illegal search and seizure. The indictment is some evidence that the arresting officer had probable cause to arrest plaintiff. However, the evidence was suppressed, the indictment was dismissed, and the testimony conflicts as to what the officer observed in the moments preceding his interaction with and subsequent arrest of plaintiff.

Case:  Burgos-Lugo v. City of New York, NY Slip Op 00534 (1st Dep't January 26, 2017)

Here is the decision.

Tomorrow's issue:  Declaratory judgments.