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Arrest of wrong man on an arrest warrant after an entry was reasonable

By John Wesley Hall, Jr.

Plaintiff's arrest on an arrest warrant for another man who was supposed to be in his house was not unreasonable. Creveling v. Columbia County, 2008 U.S. Dist. LEXIS 33080 (M.D. Pa. April 22, 2008)*: In the instant case, it is undisputed that defendants possessed a valid arrest warrant for Justin Betts, who was plaintiff's roommate. Thus, the first requirement of the test set out in Marshall is clearly satisfied. When defendants arrived at the residence to arrest Betts, they possessed a JNET photograph of him. At the time of the incident, Betts was 29 years old, 6 feet to 6 feet 1 inches tall, and weighed approximately 155 pounds. Plaintiff was 28 years old, 6 feet tall, and weighed about 180 to 190 pounds. Although plaintiff denied being Betts, he did not identify himself or provide any identification...continue to full post

Full post as published by Fourth Amendment on April 25, 2008 (boomark / email).