9th U.S. Circuit Court of Appeals
Sep. 1, 2022
Panel agrees on police action, then argues about justification
“Although we properly affirmed the dismissal of Javier Vanegas’ false-arrest claim on qualified immunity, I’m left wondering whether California Penal Code § 148(a) (1) authorizes officers to arrest a person based on the refusal to produce identification during a police investigation,” 9th Circuit Court of Appeals Judge Patrick J. Bumatay wrote in a concurrence following his own written opinion for the panel.
A unanimous 9th Circuit ruling in a lawsuit against Pasadena and its police department gave way to a dialogue among the panelists concerning whether officers can arrest citizens for failing to provide identification.
“Although we properly affirmed the dismissal of Javier Vanegas’ false-arrest claim on qualified immunity, I’m left wondering whether California Penal Code § 148(a) (1) authorizes officers to arrest a person based on the refus...
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