Question

Case Law: In the case of Baldonado v. State, the plaintiff sued the state for false arrest. In Baldonado, a police officer received information from the dispatcher concerning a violent domestic dispute that specifically described the plaintiff and his vehicle. The dispatcher reported that the plaintiff had been drinking and was leaving the residence with his two minor children. When the officer arrived at the residence, he saw the plaintiff and the two children in the described car. At the scene, the plaintiffs spouse and neighbors corroborated the dispatcher's information that a violent dispute had taken place. When the officer requested the plaintiff to shut off the engine and stay at the scene, the plaintiff attempted to leave. The officer stopped the plaintiff from leaving. The court noted that detention by a police officer is allowable only when there is reasonable suspicion that a crime has been committed. The court concluded that there was reasonable suspicion that a crime had been committed, and that the officer's detention of the defendant was lawful.
Facts: The officer was dispatched to the plaintiff's residence to investigate a domestic dispute. When the officer arrived, he saw a red vehicle driving away from the residence. A neighbor who was standing on the sidewalk informed the officer that he thought a domestic dispute had taken place at his neighbor's house and the plaintiff had just left in the red vehicle. The officer pursued the plaintiff and required him to return to the residence. The plaintiff is suing the officer for illegally detaining him.
Assignment: The state argues that Baldonado v. State supports the position that the detention was proper. What is the counterargument?


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  • CreatedSeptember 03, 2015
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