Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

CA3: False arrest by officer of rape victim for false report violated Fourth Amendment; she had a reasonable expectation of her blood draw in the rape kit

By John Wesley Hall, Jr.

A sexual assault victim who worked at a convenience store was robbed and sexually attacked there was later arrested by the police for a false police report. The officer inexplicably believed that she made a false report to cover up her own theft, after the police were on notice that she was the victim of a serial rapist. The court held that the district court erred in concluding there was no fact question for trial. There was a fact question whether the officer could reasonably believe that she committed a crime of making a false statement in the face of later information that she was attacked by a serial rapist. The officer also lacked qualified immunity. Reedy v. Evanson, 09-2210 (3d Cir. August 2, 2010): For the reasons described above, it must be said that, viewing the evidence from Reedy’s perspective, “no reasonably competent officer would have concluded that a warrant should issue” when it did for her arrest for making a false report of the rape, for theft, and for receiving stolen property...continue to full post

Full post as published by Fourth Amendment on August 03, 2010 (boomark / email).