Opinion

United States v. Leroy Fisher

  • 702 F.2d 372
  • 1983 U.S. App. LEXIS 29843
Court
Court of Appeals for the Second Circuit
Filed
Mar 8, 1983
Status
Published
Author
Friendly
On the bench
Friendly, Mansfield, Kearse
Cited by
94 cases

holding that a description of the suspect as a tall, possibly slim, black male did not give rise to probable cause because it was a “most general description” that was “equally applicable to a number of individuals likely to be in the area”

How later courts described this case

  • holding that a description of the suspect as a tall, possibly slim, black male did not give rise to probable cause because it was a “most general description” that was “equally applicable to a number of individuals likely to be in the area”
  • finding no probable cause where the “general description” that the officer had of robbers “was equally applicable to a number of individuals likely to be in the area”
  • "Second, we note that at the hearing Ransford repeatedly mentioned that the Black males on the porch on Saint Louis numbered three or four. If there were four, at least one of them was not one of the robbers. In those circumstances, even if it were known that all three robbers were on the porch, and if Fisher was one of four people on the porch, there would have been no legitimate inference that Fisher was one of the robbers.”
  • “The quantum of evidence required to establish probable cause to arrest need not reach the level of evidence necessary to support a conviction.”

Written by the judges who cited it.

The opinion

FRIENDLY, Circuit Judge,

dissenting;

Although this is a close case, I respectfully dissent. The majority seems to be saying in effect that law enforcement officers cannot rely on what on their face are sufficient indicia of probable cause of guilt but must thoroughly consider circumstances that might show the suspect’s probable innocence. This sets the standard of probable cause for arrest too high. I would affirm on the well-considered opinion of the trial judge who was familiar with local conditions and saw and heard the witnesses.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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