Wednesday, September 12, 2018

No, The Police Can't Arrest a Whole Bunch of 7th Grade Girls to Prove A Point

 
Scott v. County of San Bernardino (Filed September 10, 2018)

The panel affirmed the district court’s summary judgment in an action brought by three middle school girls who alleged that a Sheriff’s deputy arrested them on campus without probable cause, in violation of their Fourth Amendment rights and state law.

9th Cir.: No, the police can't arrest a whole bunch of 7th grade girls without evidence of a crime to "prove a point."

9th Cir.: "The arrest of a middle schooler ... cannot be justified as a scare tactic, a lesson in maturity, or a chastisement for perceived disrespect."

9th Cir.: A group of middle school girls being "disrespectful" and "whispering among themselves" does not constitute probable cause that they have committed a crime.




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