Practice point: Probable cause to believe that a person committed a crime is a
complete defense to claims of false arrest and malicious prosecution.
Student note: The existence or absence of probable cause becomes a question of law to
be decided by the court only where there is no real dispute as to the
facts or the proper inferences to be drawn surrounding the arrest.
Case: McDonald v. Town of Greenburgh, NY Slip Op 08054 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Turn it down.
