Silence Did Not Provide Probable Cause to Arrest in Civil Rights Case

Kaufman v. Higgs, 2012 WL 5201355 (10/23/12) (Col.) (Published) - The plaintiff's refusal, during a consensual encounter, to tell officers who was driving his Infiniti when the driver of the car [perhaps his wife or daughter] left the scene of an accident, did not establish probable cause to arrest him for using an "obstacle" against an officer to hinder enforcement of the law. The 10th interpreted the Colorado statute to require more than just silence. The plaintiff did not physically obstruct or threaten to physically obstruct anything. The 10th found it significant that the encounter was consensual, which meant the plaintiff was free to terminate the encounter and certainly to remain silent. The 10th also noted the Fifth Amendment may have protected the plaintiff's statements and he had no legal obligation to respond to the officers' questions. The unambiguous language of the statute and the conclusive interpretation by the state's highest court rendered the officers' constitutional violation clearly established, eliminating the qualified immunity defense.