Wednesday, January 20, 2016

Probable Cause Supported Arrest of 11-Year-Old Girl

J.H. v. Bernalillo County, 806 F.3d 1255 (11/27/15) (N.M.) (Published) - In this § 1983 civil rights case, the 10th finds probable cause to arrest an 11-year-old. The officer saw J.H. kick a teacher. This was a violation of N.M. Stat. Ann. § 30-3-9(E). It didn't matter if the crime were a misdemeanor or that J.H. was only 11 years old. The officer could keep J.H. in handcuffs. The girl's age didn't eliminate the officer's concern for his safety. Under state law, the officer had the option of taking the girl to a detention center, instead of releasing her to her mother. Probable cause justified what the officer did.