Legal Opinion

Wilder v. Turner

Court of Appeals for the Tenth Circuit

Decided June 12, 2007No. 06-1092PublishedCited by 64 opinions

1Opinion of the Court

BALDOCK, Circuit Judge.

This civil rights action arises out of a traffic stop and arrest of Plaintiff for allegedly driving under the influence of alcohol (DUI). We are asked to decide whether an officer has probable cause to arrest a driver that refuses to submit to a roadside sobriety test after the officer observes certain indicia of alcohol consumption. The district court said no and denied the officer qualified immunity. A jury subsequently returned a verdict against the officer. We have jurisdiction pursuant to 28 U.S.C. § 1291. We hold the officer had probable cause to arrest the driver…

2Cases cited15 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Atwater v. City of Lago VistaSupreme Court of the United States · 2001
  3. Steven v. Summers v. State of Utah Salt Lake Commissioners "John Does 1-5", and Salt Lake City Corporation Officer James E. FaraoneCourt of Appeals for the Tenth Circuit · 1991
  4. Cortez v. McCauleyCourt of Appeals for the Tenth Circuit · 2007
  5. Rar, Incorporated, an Illinois Corporation v. Turner Diesel, LimitedCourt of Appeals for the Seventh Circuit · 1997

10 more not listed; retrieve them via the Exa API.

3Cited by64 opinions

  1. Quinn v. YoungCourt of Appeals for the Tenth Circuit · 2015
  2. Buck v. City of AlbuquerqueCourt of Appeals for the Tenth Circuit · 2008
  3. Vondrak v. City of Las CrucesCourt of Appeals for the Tenth Circuit · 2008
  4. Dutcher v. MathesonCourt of Appeals for the Tenth Circuit · 2016
  5. United States v. ChavezCourt of Appeals for the Tenth Circuit · 2011

59 more not listed; retrieve them via the Exa API.

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