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Registered Sex Offenders Search for registered Florida sex offenders and predators, or register for email alerts. Sergeant Sedano again, in sum, conclusion, spoke to the state attorney, conferred with the state attorney. It was confirmed with them it was probable cause. Sergeant Sedano isn't a judge, but the state attorney indicated there was probable cause and she proceeded accordingly. Fenn presumes to know what in a hypothetical world a judge would do, but the state attorney who was on the case at that time indicated there was probable cause. The evidence will be that Sergeant Sedano checked with the state attorney; that at all times she had probable cause.
There was no malice whatsoever on the part of Sergeant Sedano. State attorney's office made the decision to keep these people in jail. Q: Explain to the ladies and gentlemen of the jury what contact you had with the state attorney regarding this case, particularly in terms of reviewing the probable cause for arrest. A: I spoke with the assistant state attorney regarding my case from beginning to end. I concurred with her.
We reviewed the arrest prior to making the actual physical arrests, we reviewed it together. Q: At any point in time did she indicate that you didn't have probable cause to make the arrests? Q: Once Shalresia Tomlin signed the back of that [photo arrays] saying she was sure that these gentlemen, Mr.
Asad, Mr. Rivera, Mr.
Garcia, were involved in the beating, what's your obligation at that point as a police officer? A: Based on her testimony and based on the victim's testimony and based on her positive identification of the subjects, I have-that establishes probable cause to make a felony arrest. Q: And you gave the original photo lineups and the arrest affidavits, all of that was turned over to the prosecutor?
Rivera and Mr. A: When I initially received this investigation, usually we don't meet with the state attorney when we make an arrest on a case until they give us a subpoena for a pre-file conference, which is the time they review the case. It has to be within a certain time frame. But because of the totality of the case and the number of subjects involved, I called the state attorney's office and requested to speak to a state attorney to help me with the case, to review it before it even went to that stage. Sedano testified that even though she had taken a sworn statement from Ms.
Tomlin at the jail on the day of the incident, she brought her to the State Attorney's Office prior to arresting the Plaintiffs, where Ms. Tomlin was interviewed by and provided the Assistant State Attorney with another sworn statement. Walker, testified in the civil trial.
Slye testified that she began working on this case prior to any charges being filed. Slye testified that the detective brought her all of the documents, reports, statements, and lineups, which she reviewed before making a charging decision, and that this was done earlier than in other cases. Sedano] and with others to make sure that [she] had all the appropriate information before things were charged.
Lastly, Lt. Ivan Rodriguez was called as a witness by the defense and provided expert testimony, without objection, that Sgt. Sedano followed the policies and procedure of Miami-Dade County based upon Sgt. Sedano's investigation and consultation with the State Attorney's Office before making the arrests in this case. He testified that Sgt.
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Sedano was working with the State Attorney's Office while investigating the case; when Sgt. Sedano concluded that she had probable cause to make the arrests, she presented her case file to the State Attorney's Office; and the arrests were made after the State Attorney's Office found that there was probable cause. Thus, contrary to the majority's statements, the record is abundantly clear, not ambiguous, that Sgt. Sedano consulted with the Assistant State Attorney throughout her investigation, and that the Assistant State Attorney reviewed all of the evidence, determined that probable cause existed to arrest the Plaintiffs in connection with the beating of Mr.
Walker, determined whether there was sufficient evidence to prosecute the case and on what charges, filed the charges, and proceeded with the criminal prosecution of the case. That's critical as to all the claims against her. Sedano consulted with the Assistant State Attorney prior to arresting the Plaintiffs; the Assistant State Attorney made the charging decisions in this case; and defense counsel moved for a directed verdict on the basis that there was no evidence that Sgt.
Sedano acted with malice, the trial court erred in denying Sgt. Sedano's motion for directed verdict, and the issue was preserved for appeal. The Plaintiffs' decision to present the malicious prosecution claims to the jury, despite the fact they had absolutely no evidence to support the claims, is reversible error because the malicious prosecution claims enabled the Plaintiffs to introduce otherwise inadmissible evidence and make otherwise improper arguments to the jury, and the jury to consider and allocate damages specifically precluded in a false arrest claim.
The Plaintiffs were permitted to introduce, over defense objection, that the Assistant State Attorney subsequently dismissed the charges against the Plaintiffs. While this evidence is relevant in a malicious prosecution action, because one of the elements the Plaintiffs must prove in a malicious prosecution claim is that the charge was terminated in the Plaintiffs' favor, it was not relevant in a false arrest action, which turns on whether the officer possessed probable cause to make the arrest. Riehl, So. Events that occur subsequent to the arrest are irrelevant in a false arrest claim because whether the plaintiff was falsely arrested turns on whether there was probable cause at the time of the arrest, and subsequent events cannot remove the probable cause that existed at the time of the arrest.
McCoy, So. Covelli, F. The highly prejudicial error in admitting evidence that the criminal charges against the Plaintiffs were ultimately dismissed, was compounded when counsel for the Plaintiffs argued this evidence in his closing argument and the trial court improperly instructed the jury that they could consider this factor in determining whether probable cause existed.
Also, compounding this error is the following evidence admitted which was only relevant and admissible as to the malicious prosecution claims and inadmissible and improperly considered by the jury regarding the false arrest claims: 1 Asad's later submission of alibi witnesses; and 2 the attorney's fees incurred by the Plaintiffs in defending the criminal cases. The jury's consideration of Asad's post-arrest alibi defense to the charges and the attorney's fees incurred after the Plaintiffs were released from custody was error for the same reason the evidence of the State's dismissal of the charges was error: events subsequent to the arrest are not relevant to a false arrest claim because the issue is whether probable cause existed at the time of the arrest.
See Brodnicki v.
City of Omaha, 75 F. Petersburg v. Hackman, So.