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CA8 jettisons cases contrary to Moore; arrest outside officer's jurisdiction not a § 1983 claim

By John Wesley Hall, Jr.

Allegation city officer was outside his jurisdiction in making stop on interstate highway was not a § 1983 claim under Moore. Rose v. City of Mulberry, 2008 U.S. App. LEXIS 14334 (8th Cir. July 9, 2008)*: Our cases on this issue have been mixed. In Bissonette, we noted in dicta that "a search unauthorized by state law would ipso facto violate the Fourth Amendment." ... We have held or made statements to that effect in other cases. ... Nevertheless, we have also held that "[c]onduct by a government official that violates some state statutory or administrative provision is not necessarily constitutionally unreasonable." ... This position, too, has support within our cases. ... Whatever the state of our circuit law has been on this question, the Supreme Court recently held that a police officer who makes an arrest that is based on probable cause but who is prohibited by state law from doing so does not violate the Fourth Amendment...continue to full post

Full post as published by Fourth Amendment on July 10, 2008 (boomark / email).