Cop Had Probable Cause to Arrest Plaintiff for DUI, So Had Qualified Immunity in Civil Suit
Wilder v. Turner, --- F.3d ----, 2007 WL 1677951 (10th Cir. June 12, 2007).
Cop had qualified immunity in a § 1983 action. Cop had probable cause to arrest Plaintiff under Colorado law, which provides that a driver shall submit to a sobriety test if the officer suspects the driver of DUI, when cop had PC to suspect P was under the influence and driver refused a field sobriety test. The determination of whether cop had probable cause to suspect Plaintiff of DUI rests not on what Colorado state law determines what probable cause of DUI to be, but on what federal law says, since 1983 vindicates violations of federal constitutional rights. The 10th long ago had determined that smell of alcohol on the driver’s breath alone constitutes enough reasonable suspicion to ask for further sobriety tests and when the driver refuses those tests, the cop has probable cause to arrest. Such were the facts in this case.
Cop had qualified immunity in a § 1983 action. Cop had probable cause to arrest Plaintiff under Colorado law, which provides that a driver shall submit to a sobriety test if the officer suspects the driver of DUI, when cop had PC to suspect P was under the influence and driver refused a field sobriety test. The determination of whether cop had probable cause to suspect Plaintiff of DUI rests not on what Colorado state law determines what probable cause of DUI to be, but on what federal law says, since 1983 vindicates violations of federal constitutional rights. The 10th long ago had determined that smell of alcohol on the driver’s breath alone constitutes enough reasonable suspicion to ask for further sobriety tests and when the driver refuses those tests, the cop has probable cause to arrest. Such were the facts in this case.
posted by Anonymous at 10:02 AM
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