Officer Did Not Violate 4th Amendment by Issuing Citation and Threatening Jail if Citation Unsigned

Martinez v. Carr, --- F.3d ----, 2007 WL 901922 (10th Cir. March 27, 2007)

10th reversed district court in §1983 case. 10th rules that officer’s issuance to Plaintiff of a criminal citation and threatening jail if Plaintiff declined to sign the citation was not a seizure for fourth amendment purposes. The officer sued did not initiate the detention of Plaintiff, so the claim against the officer was limited to his actions: issuing the misdemeanor citation and the warning about jail. The statute under which the citation was issued specifically gave the accused the option of signing the citation or going to jail, and the statute required the officer to inform Plaintiff of that option.