Notaras v. Ramon
| Decision Date | 22 September 1967 |
| Docket Number | No. 20442.,20442. |
| Citation | 383 F.2d 403 |
| Parties | Anthony G. NOTARAS, Appellant, v. F. C. RAMON and Jane Doe Ramon et al., Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Alan Froelich, Wright, Wendells, Froelich & Power, Seattle, Wash., for appellant.
A. L. Newbould, Charles R. Nelson, Seattle, Wash., for appellees.
Before BROWNING, DUNIWAY, and ELY, Circuit Judges.
Appellant was arrested without a warrant by police officers with probable cause to believe he had committed grand larceny. He was held in the Seattle city jail, without charge, for approximately thirty-six hours, while a city detective conducted an investigation. The detective concluded that the evidence was insufficient to implicate appellant in the larceny. Appellant was charged with two misdemeanors (drunkenness and resisting arrest) factually unrelated to the larceny, and was released on his own recognizance. He was ultimately acquitted of the misdemeanor charges.
Appellant filed suit for damages under 42 U.S.C. § 1983 (1964) against the police officers involved, alleging that they had deprived him of rights secured by the Constitution. After trial to the court, the complaint was dismissed on the ground that detention of appellant from the time of his arrest until the filing of the misdemeanor charges was for a period no longer than reasonably necessary for a prompt and expeditious investigation of appellant's participation or lack of participation in the larceny.
Appellant contends that any detention by the police without charge and without possibility of bail while the courts are open is unlawful. Appellees assert that the police may detain a lawfully arrested person without bringing him before a magistrate for the period of time reasonably required to permit them to conduct an investigation to determine whether to file a formal charge. Compare, e. g., Memorandum on the Detention of Arrested Persons, Bill of Rights Committee of the American Bar Association (1944), reprinted Chafee, Documents on Fundamental Human Rights (Atheneum ed. 1963), Volume 2, page 183, with Barrett, Police Practices and the Law — From Arrest to Release or Charge, 50 Calif.L.Rev. 11 (1962).
We need not and do not decide this far-reaching issue.
Subsequent to the submission of this case on appeal the Supreme Court announced in Pierson v. Ray, 386 U.S. 547, 557, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967), that it is a defense to an action for damages against police officers under 42...
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Sams v. New York State Board of Parole
...v. Ray, 386 U.S. 547, 557, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967); see Van Camp v. Gray, 440 F.2d 777 (10th Cir. 1971); Notaras v. Ramon, 383 F.2d 403 (9th Cir. 1967); Beauregard v. Wingard, 362 F.2d 901, 903 (9th Cir. 1966). 21 The New York standard of reasonable cause is substantially the s......
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Glasson v. City of Louisville
...discretion as it appeared at the time," citing Pierson v. Ray, 386 U.S. 547, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967), and Notaras v. Ramon, 383 F.2d 403 (9th Cir. 1967). It also concluded, citing Griffin v. Breckenridge, 403 U.S. 88, 91 S.Ct. 1790, 29 L.Ed.2d 338 (1971), that none of the three......
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Navarette v. Enomoto
...Handverger v. Harvill, 479 F.2d 513, 516 (9th Cir. 1973); Wimberley v. Campoy, 446 F.2d 895, 896 (9th Cir. 1971); Notaras v. Ramon, 383 F.2d 403, 404 (9th Cir. 1967). But here appellees' assertions that they acted in the good faith belief that they were complying with valid regulations are ......
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Chubbs v. City of New York
...cert. denied, 375 U.S. 975 84 S.Ct. 489, 11 L.Ed.2d 420 (1964); Joseph v. Rowlen, 402 F.2d 367 (7th Cir. 1968). Contra, Notaras v. Ramon, 383 F.2d 403 (9th Cir. 1967). "However, since Chubbs' complaint acknowledges that probable cause for his detention was established once the complainant i......