D, an on-duty police officer, noticed a dog running loose in the direction of P's residence. P's son came and took the dog inside and pointed to his mother.
D approached P and asked for her ID. P refused to give it to him.
D grabbed P's arm and placed her under arrest for her refusal to present ID.
P instituted an action against D for false imprisonment.
Trial court found for P, granted damages.
CO Appellate Court affirmed, found for P.
Is a police officer liable for false arrest when he arrests an individual without a warrant or probable cause that an offense has been committed by the individual?
A police officer is liable for false arrest when he arrests an individual without a warrant or probable cause that an offense has been committed by the individual.
D arrested P not for violation of the city's dog leash law but for her refusal to produce her ID to D.
D specifically mentioned that P would go to jail if she did not produce ID. There is no law that requires a person to produce ID to a police officer upon demand unless the citizen has committed an offense.
D's demand for the ID was not a lawful order, so D could not use force in arresting P.