Cato Daily Podcast
Police Lies, Malicious Prosecution, and Chiaverini v. City of Napoleon, Ohio
Jun 26, 2024
Legal expert Tommy Berry discusses the case of Chiaverini v. City of Napoleon, Ohio, where police faced repercussions for using underhanded tactics in charging individuals. The podcast explores malicious prosecution, invalid charges under the Fourth Amendment, and the Supreme Court ruling that police cannot avoid liability by stacking charges.
06:43
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Quick takeaways
- Having at least one legitimate charge does not protect police from liability for invalid charges in arrests.
- Thorough examination of each charge for probable cause is required, shifting incentives away from over-prosecution.
Deep dives
Supreme Court Ruling on Malicious Prosecution
The podcast discusses a Supreme Court ruling regarding malicious prosecution and probable cause. The Court clarified that having at least one valid charge does not immunize the police from liability for an invalid charge when arresting an individual. They emphasized that each charge must be considered individually for probable cause, and the police cannot evade accountability by stacking valid and invalid charges together.
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