Civil Rights : Warrantless Arrest – Order Of Protection

Where a man brought a civil rights action arguing that officers violated his Fourth Amendment rights by arresting him without probable cause or a warrant, the officers had probable cause for the arrest at the man’s ex-wife’s house based on an active full order of protection, even though a separation order terminated some of the provisions of the order since the officers were not required to conduct a “mini-trial” before making the arrest.

Judgment is affirmed.

Gibson v. Cook (MLW No. 66835/Case No. 13-2179 – 10 pages) (U.S. Court of Appeals, 8^th Circuit, Loken, J.) Appealed from U.S. District Court, Eastern District of Missouri, Blanton, J. (James P. Leonard, St. Louis, argued for appellant) (Michael E. Bub, St Louis, and Eileen Ruppe Krispin, St Louis, argued for appellee; Keith Henson and Mary Delworth Morris appeared on the brief).

Read the full text of this opinion. (PDF)