The opinion
Darrell Hickman, Justice, concurring in part and dissenting in part. In my judgment the majority opinion misses the mark. I agree the order denying summary judgment should be subject to appeal; thereafter, I disagree with the opinion.
The trial judge denied summary judgment for the wrong reasons. The appellants are entitled to a judgment before trial as to whether they are immune from suit. Mitchell v. Forsyth, 472 U.S. 511 (1985). In consideration of that judgment, the question is: did the appellants’ conduct violate clearly established statutory or constitutional rights? The appellants arrested the appellees without a warrant. As every peace officer knows, a person can be arrested for a felony without a warrant if there is “. . . reasonable cause to believe such person has committed ... a felony.” A.R.Cr.P. Rule 4.1. That means the appellants did not violate statutory or constitutional standards unless reasonable cause did not exist. That is the question the trial court should address, before trial; in this case through a motion for summary judgment. If the facts are virtually undisputed, he should rule. If not, it goes to the jury. We do not have a decision on the question, and the trial should not proceed until it is decided on the proper basis.