Livingston Manners v. Ronald Cannella, et al.
AdministrativeLaw SocialSecurity FourthAmendment CriminalProcedure Privacy
Is there a violation of the fourth amendment where the arrest of a civilian stems from an illegal traffic stop
QUESTION(S) PRESENTED Is there a violation of the fourth amendment where the arrest of a civilian stems from an illegal traffic stop — a traffic stop without either probable cause to believe that a traffic violation has occurred or justified by specific articulable facts sufficient to give rise to a reasonable suspicion of criminal conduct ~ where the officer’s activation of his emergency lights led to the purported crime of fleeing and eluding said illegal traffic stop in violation of Florida Statutes § 316.1935? The purported crime of fleeing and eluding in violation of Florida Statutes § 316.1935 is what gave the arresting officer arguable and actual probable cause for the civilian’s arrest, entitling the arresting officer to qualified immunity. Can a civilian defend himself from a law enforcement officer’s excessive use of force during an arrest in violation of 42 U.S.C. § 1983? i