Beyer v. Young, 72--203
| Decision Date | 15 May 1973 |
| Docket Number | No. 72--203,72--203 |
| Citation | 32 Colo.App. 273,513 P.2d 1086 |
| Parties | Marv A. BEYER, Plaintiff-Appellant, v. M. A. YOUNG, Defendant-Appellee. . II |
| Court | Colorado Court of Appeals |
Costello, Kofoed & O'Donnell, David L. Kofoed, Denver, for plaintiff-appellant.
J. Donovan Stapp, Denver, Richard Kaufman, Aurora, for defendant-appellee.
This is an appeal from an order of the district court of Arapahoe County dismissing, on motion for summary judgment, an action for false arrest and false imprisonment. The plaintiff-appellant, Marv A. Beyer, is a private citizen and the defendant-appellee, M. A. Young, is an Aurora city policeman. On June 29, 1970, patrolman Young received a formal complaint of a responsible citizen to the effect that plaintiff had committed a lewd act by standing nude in his bedroom window. Subsequent investigation by officer Young tended to corroborate the allegations of the complaining witness, and officer Young arrested plaintiff without a warrant and charged him with violating the relevant municipal ordinance. Plaintiff was tried on the charges and acquitted.
Plaintiff then brought a civil action against the City of Aurora, the complaining witness, and officer Young. The case against the City of Aurora and the complaining witness was dismissed. Subsequently, on motion for summary judgment supported by affidavits and a transcript of the police court trial, the case against officer Young was dismissed. Plaintiff had filed no counter-affidavits to this motion. Plaintiff alleges error as to the dismissal of the action against officer Young and brings this appeal. We affirm.
Plaintiff takes the position that, if a misdemeanor is not committed in an officer's presence, an arrest can only be made without a warrant if, (1) a criminal offense has in Fact been committed, and if (2) the officer has reasonable grounds for believing that the person to be arrested has committed it. He argues that, since he was the only person who could have committed the alleged offense, his acquittal establishes that no offense was in Fact committed.
Defendant takes the position that C.R.S.1963, 39--2--20, provides that an officer may make an arrest for violation of a misdemeanor without a warrant if the officer has probable cause or reasonable grounds to believe that an offense has been committed and probable cause or reasonable grounds to believe that a certain individual committed that offense. We agree with this construction of the statute.
In Gonzalez v. People, 156 Colo. 252, 398 P.2d 236, probable cause (or 'reasonable grounds' in the statute) was given the following interpretation:
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...Coverstone v. Davies, 38 Cal.2d 315, 239 P.2d 876 (1952), cert. den. 344 U.S. 840, 73 S.Ct. 50, 97 L.Ed. 653 (1952); Beyer v. Young, 32 Colo.App. 273, 513 P.2d 1086 (1973); Lundeen v. Renteria, Minn., 224 N.W.2d 132 (1974). It is only in this way that the courts meet their responsibility of......
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Perry v. Board of County Com'rs of Larimer County, 96CA0956
...cause to arrest plaintiff. The fact that plaintiff was eventually acquitted does not affect this conclusion. See Beyer v. Young, 32 Colo.App. 273, 513 P.2d 1086 (1973) (officer's right to make an arrest not dependent upon the outcome of the Plaintiff also argues that his arrest was pretextu......
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ARTICLE 3
...the plaintiff was the person who had committed it, he was not civilly liable for false arrest and false imprisonment. Beyer v. Young, 32 Colo. App. 273, 513 P.2d 1086 (1973). Acquittal not determinative of lawfulness of arrest. Acquittal of the plaintiff of the charge for which he was arres......
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ARTICLE 3 OFFENSES AGAINST THE PERSON
...the plaintiff was the person who had committed it, he was not civilly liable for false arrest and false imprisonment. Beyer v. Young, 32 Colo. App. 273, 513 P.2d 1086 (1973). Acquittal not determinative of lawfulness of arrest. Acquittal of the plaintiff of the charge for which he was arres......