noting that in an assessment of objective reasonableness it is significant that an officer arrested a defendant only after first seeking and procuring the approval of a detached district court magistrate as this was a proper course of action
How later courts described this case
- noting that in an assessment of objective reasonableness it is significant that an officer arrested a defendant only after first seeking and procuring the approval of a detached district court magistrate as this was a proper course of action
- “While polygraphs are generally not admissible at trial, such tests are a well-recognized law enforcement technique, and a reasonable officer might take their results into account in assessing probable cause.”
- murder charge against Gomez dismissed due to exculpatory results of scientific tests on victim's fingernail scrapings and loose hairs found on her body
- “While officers ‘may not disregard readily available exculpatory evidence ... the failure to pursue a potentially exculpatory lead is not sufficient to negate probable cause.’ ”
Written by the judges who cited it.
The opinion
HAMILTON, Senior Circuit Judge,
concurring:
For the reasons expressed by the court today, I agree with the court that Sergeant Atkins is entitled to qualified immunity because, notwithstanding the factual inaccuracies in Sergeant Atkins’ report, an objective law enforcement officer reasonably could have believed that probable cause existed for the arrest of Isidro. Therefore, I join the court’s opinion.
I write separately only to express my disdain for Sergeant Atkins’ inclusion of the material factual inaccuracies, described in Footnote 2 of the court’s opinion, in his report. These material factual inaccuracies, which dealt with. the heart of the State’s case, i.e., whether Isidro murdered his first wife, should not have been in Sergeant Atkins’ report. While the presence of these material factual inaccuracies in the report do not prevent Sergeant Atkins from invoking qualified immunity, it is' nevertheless a .disturbing commentary on the manner in which law enforcement activities are conducted in Cumberland County, North Carolina.