# United States v. Leroy Fisher

> Court of Appeals for the Second Circuit · March 8, 1983 · 702 F.2d 372

URL: https://www.frixlaw.com/law-library/cases/9470387

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Leroy FISHER, Defendant-Appellant
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** March 8, 1983
- **Citations:** 702 F.2d 372; 1983 U.S. App. LEXIS 29843
- **Precedential status:** Published
- **Opinion:** Dissent by Friendly
- **Judges:** Friendly, Mansfield, Kearse
- **Cited by:** 94 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9470387

## How later opinions describe it (automated extraction)

- 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”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9470387. Public record. Not legal advice.