The man's ex-wife had spotted him (apparently at a store) in the Magnolia area of Seattle and she called the police. An officer of the Seattle PD arrested him. The City of Seattle sought summary judgment, and then appealed the denial of same, on the basis that there was probable cause for the arrest. Probable cause is a complete defense to the ex-husband's case.
The WA Court of Appeals has ruled that there was not probable cause to arrest the ex-husband. An agreed order for protection had been entered in 1986 which restrained him "from entering the area known as 'Magnolia' in Seattle, WA". The arrest was in 1991. The court said:
"Not only must the arresting officer have reasonable grounds to believe the offender is taking the action complained of, but the action itself must be a crime. Otherwise there can be no probable cause to arrest." Jacques v. Sharp, 83 Wn.App. 532 (September, 1996).The court analized what actions were a "crime" when one violates a protection order under WA domestic violence laws. The ex-husband's actions did not constitute a crime.
I trust that you legal beagles out there recognize the importance of this kind of case. If the powers and principalities (police and municipalities) are going to be constantly hauling us off to jail at the whim of ex-wives, then we need to sue them for it.
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