FOI #25-556 (12-23-25, 5:49 am) - Subject - Legal Precedents Requiring Law Enforcement To Meet Probable Cause In Order To Justify The Arrest Of A Person : 14CW - CR00084
Name - Michael Ayele (a.k.a) W
Affiliation - Association for the Advancement of Civil Liberties (AACL)
What I am requesting for prompt disclosure are records in your possession detailing your discussions about American courts holding in (i) Sibron v. New York that “before an officer places a hand on the person of a citizen in search of anything, he must have constitutionally adequate, reasonable grounds for doing so;” (ii) Ornelas v. United States that “the principal components of a determination of reasonable suspicion or probable cause will be the events which occurred leading up to the stop or search, and then the decision whether these historical facts, viewed from the standpoint of an objectively reasonable police officer, amount to reasonable suspicion or to probable cause;” (iii) Beck v. Ohio that “the validity of an arrest depends upon whether, at the moment of the arrest, the police officer had probable cause (or a warrant) to believe that the individual could be arrested;” (iv) Florida v. Royer that a “police officer restraint of a person amounting to seizure is invalid unless justified by probable cause for the purposes of the Fourth Amendment;” (v) Hayes v. Florida that “police officers acting without a probable cause and without a warrant violate the Fourth Amendment when they forcibly remove a person from his home or other place where she/he was entitled to be;” (vi) Dunaway v. New York that “the Fourth Amendment’s proscription of unreasonable searches and seizures applies to arrests, and an arrest without probable cause is unreasonable;” (vii) Marilyn Centanni v. Eight Unknown Police Officers that “the seizure and removal of a person to a police station constitutes a de facto arrest requiring probable cause;” (viii) Kenneth Daugherty v. Campbell that a “strip search, regardless of how professionally and courteously conducted, is an embarrassing and humiliating experience;” (ix) Graham v. Connor that “to determine the appropriate amount of force used by a law enforcement officer, one should examine the severity of the crime at issue, the extent to which the suspect poses an immediate threat to the safety of the officers or others, and whether the suspect is actively is resisting arrest or attempting to evade arrest by flight;” (x) Yvonne Alexis v. McDonald Restaurants of Massachusetts that “the force with which police officers effected the sudden, unannounced, violent seizure and removal of Yvonne Alexis’s person was not objectively reasonable, especially since there is no evidence or suggestion that she posed a risk of flight, attempted to resist of evade arrest, or threatened the peace, property or safety of anyone;” (xi) Michael Deorle v. Rutherford that “problems posed by, and thus the tactics to be employed against, an emotionally distraught individual who is creating a disturbance or resisting arrest are, and must be, differentiated from those involved in efforts to subdue an armed and dangerous criminal who has committed a serious offense...”