Appeals Court Says State Line Arrest Reasonable
Last updated Monday, November 17, 2008 8:50 PM CST in News
By Ron Wood
THE MORNING NEWS
FAYETTEVILLE -- An appeals court has ruled in a split decision that a Benton County deputy has qualified immunity from being sued for arresting a man just over the Oklahoma line.
Stephen James Engleman called Benton County authorities in January 2005 to report prowlers at his residence on the state line, near Siloam Springs. But when officers arrived, it was Engleman who was arrested and hauled off to jail on an outstanding warrant for failure to comply with a court order.
Engleman then sued, claiming he was actually arrested in Oklahoma, physically assaulted during the arrest and taken by force, against his will, across the state line into Arkansas.
Engleman claimed the Arkansas address, 24512 Van Fleet Road in Siloam Springs, is simply a mailing address and the property, including the house where he was arrested, is actually in Oklahoma.
Most of Engleman's claims were dismissed by U.S. District Judge Jimm Hendren. But Hendren denied a motion from a "Deputy Murray" to throw out claims against him based on qualified immunity. The appeals court reversed that decision, ordering the lower court to grant the motion.
On appeal, the 8th U.S. Circuit Court of Appeals said that even though Deputy Murray didn't have legal authority to execute the Arkansas warrant in Oklahoma, he reasonably believed he was still in Arkansas at the time.
The officers were summoned to the property in response to Engleman's 911 call for police assistance. The call provided an Arkansas address and an Arkansas phone number, according to justices.
"The objective facts available to Deputy Murray at the time would lead a reasonable officer to believe he was arresting Engleman in Arkansas," according to justices Arlen Beam and Raymond Gruender.
In a dissenting opinion, Justice Kermit Bye said he believes the out-of-state arrest did violate Engleman's constitutional rights to be free from unreasonable seizure. Bye also said questions remained about whether it was reasonable for Deputy Murray to believe he was arresting Engleman in Arkansas rather than Oklahoma.
"My common sense tells me a deputy sheriff, employed by a a county which borders another state, would be aware of where the state line is, and further, would not reasonably assume homes located on the opposite side of a state-line road are still within his jurisdiction," Bye wrote.
Bye also said the deputies were told by Engleman's parents their home was in Oklahoma.
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ozarks wrote on Nov 17, 2008 5:33 PM:
Maljoir wrote on Nov 17, 2008 7:04 PM:
Not already registered?
stp wrote on Nov 17, 2008 3:50 PM: