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Enders v. District of Columbia

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Submitted November 17, 2009

Before GLICKMAN and FISHER, Associate Judges, and STEADMAN, Senior Judge.

Michael Enders sued the District of Columbia for false arrest following a traffic incident. He appeals from a jury verdict in the District’s favor. He asserts, inter alia, that the trial court’s instructions misled the jury into believing the arrest could be justified on a lesser showing than was actually required. Specifically, he challenges the instruction that a warrantless arrest is justified if a law enforcement officer has probable cause to believe that “a crime” has been or is about to be committed. In fact, he argues, citing D.C. Code § 23-581 (2001), that an officer may lawfully arrest without a warrant only for a felony or for a misdemeanor committed either in the officer’s presence or under certain other, limited, circumstances.

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