Clyde R. Leuchtag's Answers

Do the police have any civil liability for arrest without probably cause?

I will answer your question as a hypothetical since the officer will have a different version of events. In your hypothetical, the officer would be guilty of violating your civil rights under federal law because Texas Penal Code 38.02 apparently does NOT require anyone to identify themselves until AFTER they are properly arrested for some OTHER offense. Therefore, under your hypothetical, you should be able to recover damages against the officer individually under Section 1983 for the...

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