Arrest that was Unauthorized Under State Law Was Nonetheless Constitutional

Brown v. Fisher, 06-3207 (previously reported at 2007 WL 3011051) (1/2/08)(unpub'd) - The 10th denies rehearing, but amends the decision. Initially, the 10th held that the plaintiff's arrest was okay because there was probable cause and the arrest was authorized under Kansas law. Upon rehearing, the 10th acknowledges the arrest was not authorized by state law. Nevertheless, the arrest for driving without an operative passenger-side headlight, was constitutional because the officer had probable cause. In his concurrence, Judge Henry suggests the arrest violated the Fourth Amendment because state law did not authorize it, but, since the law was unclear, the officer was entitled to qualified immunity.