Martinez v. City of Chicago

Chicago police officers attempted to make a traffic stop after Alberto Martinez ran a stop sign. Alberto fled, discarding a gun. Officer Nunez followed Alberto into a residence, did not immediately see Alberto, and began searching the home. Meanwhile, Daniel Martinez arrived home from shopping and entered the duplex. Officer Weber believed that Daniel matched the description of the fleeing suspect. Daniel ordered the officer to leave and refused orders to put his hands behind his back. Two officers took Daniel down and handcuffed him. Outside the house, other officers indicated that Daniel was not Alberto, the fleeing suspect. The officers nonetheless charged Daniel with resisting arrest and obstruction of justice, but a jury acquitted him. He sued under 42 U.S.C. 1983, alleging that the officers had violated the First and Fourth Amendments and had committed the state tort of malicious prosecution. The Seventh Circuit affirmed a judgment for the defendants as supported by sufficient evidence. The objective facts known to Officer Weber clearly support the existence of exigent circumstances to enter the home; Daniel’s assertions essentially amount to attacks on the credibility of the law enforcement witnesses. Daniel’s actions provided the officers with probable cause to arrest him. View "Martinez v. City of Chicago" on Justia Law