Canfield v. Chappel
| Decision Date | 29 May 1987 |
| Docket Number | No. 86-1627,86-1627 |
| Citation | 817 F.2d 1166 |
| Parties | Michael CANFIELD, Plaintiff-Appellee, v. Game Warden CHAPPEL, Individually and as a game warden for the Texas Parks and Wildlife Department, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Adrian L. Young, Jim Mattox, Atty. Gen., Austin, Tex., for defendant-appellant.
Gregory W. Canfield, San Antonio, Tex., for plaintiff-appellee.
Appeal from the United States District Court for the Northern District of Texas.
Before POLITZ, JOLLY, and HIGGINBOTHAM, Circuit Judges.
Invoking constitutional claims under 42 U.S.C. Sec. 1983, and pendent state law claims, Michael Canfield filed suit against Wayne Chappel, a Game Warden of the Texas Parks and Wildlife Department. The issue presented to the jury was whether Game Warden Chappel had probable cause to arrest Canfield for failing to display a hunting license while hunting outside the county of his residence. The jury concluded that probable cause for the warrantless arrest did not exist and returned a verdict in favor of Canfield. The district court assessed attorney's fees. A motion for judgment n.o.v. was denied. We affirm.
On November 13, 1982, Canfield and several of his friends embarked on a canoeing and camping outing on the Brazos River in Palo Pinto County, Texas. Shortly before noon they beached their canoes and made camp on public property on the riverbank adjacent to the Harris Ranch. It was the opening day of deer season and several hunters with a hunting lease on the Harris Ranch had gathered to pursue the elusive White Tail. Canfield took a .22 calibre rifle belonging to one of his companions, walked a short distance from the campsite, and fired several rounds. His testimony was that he fired in the air and at cans and other targets while standing on public property. Testimony of the hunters placed Canfield a few feet inside the Harris Ranch. A bullet was said to have coursed through the leaves of the trees above the hunters. One hunter testified that he observed Canfield aiming at shoulder level but did not see him actually fire the weapon, nor did he see any game in the direction in which Canfield was pointing the gun.
The hunters accosted Canfield who maintained that he was within his rights to be where he was, on public property. The hunters thought otherwise and advised Canfield that he and his colleagues should immediately break camp and depart the area. The campers demurred.
From this point the evidence varies little. The hunters complained to their ranchowner-lessor, Jennie Germany, that someone was trespassing on the ranch and she called Game Warden Chappel. Several hours later Chappel came to the ranch and spoke with the hunters and Ms. Germany. Then, accompanied by some of the hunters, Chappel and his son drove to a point on the Harris Ranch above the campsite on the riverbank and placed the campers under surveillance. None of the campers was hunting, shooting, or handling a gun; they were simply camping. Canfield was identified by the hunters and Chappel approached the camp, followed shortly by the hunters. After identifying himself, Chappel examined the .22 rifle and a 12 gauge shotgun lying in plain view. He then inspected the campsite, boats, and the personal possessions of the campers, but found no game, fish or other evidence that anyone had been hunting. Chappel testified that he noted a small quantity of fairly fresh blood on the barrel of the rifle.
Chappel then asked the campers for hunting licenses and other identification. Canfield could produce neither because he had left his wallet in his auto, which he had originally planned to drive on the trip. Canfield's hunting license and other identification were in his wallet. When Canfield could not produce a hunting license he was charged with failing to demonstrate a hunting license while hunting outside the county of his residence. Because he had no identification on him, the usual citation was not issued; instead he was arrested and taken into custody by Chappel. Canfield was first taken to the ranch house where Chappel asked Ms. Germany if she wished to file trespass charges. She agreed to do so and followed Chappel as he transported Canfield to a Justice of the Peace in Possum Kingdom.
Canfield was charged with failing to display a license, when asked to do so, while hunting in a county other than that of his residence. He was also charged with hunting on the land of another without permission. Canfield tried to explain the situation but the Justice of the Peace wanted only a plea of guilty or not guilty; explanations were neither sought nor permitted. Canfield pleaded guilty and was fined $85 on each charge and, when he could not produce the cash, he was committed to the county jail. Canfield spent the night in jail. The next day one of his camping companions was able to cash a check and pay the fines and Canfield was released.
The fourth amendment protects against unreasonable arrests. A valid arrest may be made pursuant to a warrant issued by a detached and neutral magistrate upon a determination that probable cause exists for its issuance. Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971); Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964); Giordenello v. United States, 357 U.S. 480, 78 S.Ct. 1245, 2 L.Ed.2d 1503 (1958). The Supreme Court has defined probable cause as "facts and circumstances 'sufficient to warrant a prudent man in believing that the [suspect] had committed or was committing an offense.' " Gerstein v. Pugh, 420 U.S. 103, 111, 95 S.Ct. 854, 861-62, 43 L.Ed.2d 54 (1975) (citing Beck v. Ohio, 379 U.S. 89, 91, 85 S.Ct. 223, 225, 13 L.Ed.2d 142 (1964)).
Warrantless arrests for felonies are permitted in certain instances. With reference to misdemeanor arrests in Texas, as we observed and held in Bodzin v. City of Dallas, 768 F.2d 722, 724 (5th Cir.1985):
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Adair v. Bell, Civil Action No. 3:93cv132-D-D (N.D. Miss. 1995), Civil Action No. 3:93cv132-D-D.
...upon to show probable cause are in conflict, then the issue should be submitted to the jury. Id. at 1270. See also Canfield v. Chappel, 817 F.2d 1166, 1168 (5th Cir. 1987); Hindman v. City of Paris, 746 F.2d 1063, 1069 (5th Cir. C-1, 775 F.Supp. at 945. It is incumbent upon this court, then......
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C-1 BY P-1 v. City of Horn Lake, Miss.
...upon to show probable cause are in conflict, then the issue should be submitted to the jury. Id. at 1270. See also Canfield v. Chappel, 817 F.2d 1166, 1168 (5th Cir.1987); Hindman v. City of Paris, 746 F.2d 1063, 1069 (5th Cir.1984). Most of the plaintiffs were charged with disorderly condu......
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Fields v. City of South Houston, Tex.
...Class C misdemeanor. Id. at Sec. 42.01(d).6 Although Bodzin v. City of Dallas, 768 F.2d 722, 724 (5th Cir.1985) and Canfield v. Chappel, 817 F.2d 1166, 1169 (5th Cir.1987) seem contrary to our decision, they are horses of a different color. Neither decision dealt with the issue present here......