An officer maintains qualified immunity for arresting a motorist who refused a sobriety test, ruled the 10th Circuit Court of Appeals.
A circuit panel reversed a $1 million civil rights judgment against Colorado State Trooper Kevin Turner.
A district court jury concluded the trooper lacked probable cause to arrest John Wilder, who was able to walk a straight line despite physical appearances and odors tihe trooper believed to reflect excessive consumption of alcohol. Wilder refused to take a sobriety test.
The jury concluded the trooper's actions violated the motorist's 4th Amendment right to be free from unreasonable seizures because the trooper's observations and the motorist's refusal to ...