Objective Reasonableness,

Devenpeck v. Alford

Issues

Whether a police officer can arrest a person for one offense, but later charge that person with another offense even if the charged offense is wholly unrelated to the arresting offense?
Whether a law or doctrine is "clearly established" when several courts have differing opinions?

 

In Devenpeck v. Alford, the Supreme Court will consider two issues. First, the Court will settle a conflict among the circuit courts in determining how precise an officer's stated reasons for probable cause must be to the actual arresting offense. Two judicial circuits find an arrest reasonable if, based on an objective assessment by a reasonable officer, there is probable cause to arrest for any offense. On the other hand, at least five judicial circuits find an arrest to be reasonable only if there is probable cause to arrest for crimes "closely related" to the crime or crimes articulated by the arresting officer. The Court will likely find the narrow approach more appealing and allow arrests for only "closely related" offenses. Second, the Court will decide if the law regarding arrests for "closely related" offenses was clearly established at the time of Alford's arrest. The Court will likely find the law was not settled, and thereby overrule the Ninth Circuit's decision in Alford v. Haner, et al. 333 F.3d 972 (9th Cir. 2003).

Questions as Framed for the Court by the Parties

Does an arrest violate the Fourth Amendment when a police officer has probable cause to make an arrest for one offense, if that offense is not closely related to the offense articulated by the officer at the time of the arrest?
 
For the purpose of qualified immunity, was the law clearly established when there was a split in the circuits regarding the application of the "closely related offense doctrine," the Ninth Circuit had no controlling authority applying the doctrine, and Washington state law did not apply the doctrine?
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