Page 47 - Critical Tasks in Law Enforcement 2020-2021 Sessioin

Task: Arrest based on policy of intimidation though

st
supported by Probable Cause May Violate 1 Amendment

Lozman v. City of Riviera Beach, 201 L. Ed. 2d 342 (2018).

st
• Where arrest for speech or other expression of 1 Amendment right
is pursuant to a city or county policy, the fact that officer has

probable cause to arrest for some other charge will not protect the

City of County from a lawsuit based on violation of the 1 st

Amendment.

©2021 Jack Ryan Legal & Liability Risk Management Institute 46