Dabbs v. State

Casey, J. (dissenting). In order for claimant to succeed in this action for false arrest, the warrant, which is the basis of the arrest, has to be found facially invalid at the time of its issuance, for, if facially valid, the warrant would make the claimant’s arrest privileged and preclude his claim (Saunsen v State of New York, 81 AD2d 252). Even if the warrant was erroneously or improvidently issued (Nastasi v State of New York, 275 App Div 524, affd 300 NY 473) or is considered irregular thus requiring its vacatur before an action for false imprisonment could be maintained (Houghtaling v…