Filed: Apr. 17, 2015
Latest Update: Mar. 02, 2020
Summary: Case: 14-14678 Date Filed: 04/17/2015 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 14-14678 Non-Argument Calendar _ District Court No. 0:12-cv-60180-WJZ CLAUDETTE JONES, Plaintiff-Appellant, versus SHERIFF OF BROWARD COUNTY, ADALBERTO RODRIGUEZ, Individually, GREGORY LOSE, Individually, Defendants-Appellees. _ Appeal from the United States District Court For the Southern District of Florida _ (April 17, 2015) Before TJOFLAT, MARTIN and ANDERS
Summary: Case: 14-14678 Date Filed: 04/17/2015 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 14-14678 Non-Argument Calendar _ District Court No. 0:12-cv-60180-WJZ CLAUDETTE JONES, Plaintiff-Appellant, versus SHERIFF OF BROWARD COUNTY, ADALBERTO RODRIGUEZ, Individually, GREGORY LOSE, Individually, Defendants-Appellees. _ Appeal from the United States District Court For the Southern District of Florida _ (April 17, 2015) Before TJOFLAT, MARTIN and ANDERSO..
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Case: 14-14678 Date Filed: 04/17/2015 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 14-14678
Non-Argument Calendar
________________________
District Court No. 0:12-cv-60180-WJZ
CLAUDETTE JONES,
Plaintiff-Appellant,
versus
SHERIFF OF BROWARD COUNTY,
ADALBERTO RODRIGUEZ,
Individually,
GREGORY LOSE,
Individually,
Defendants-Appellees.
________________________
Appeal from the United States District Court
For the Southern District of Florida
_______________
(April 17, 2015)
Before TJOFLAT, MARTIN and ANDERSON, Circuit Judges.
Case: 14-14678 Date Filed: 04/17/2015 Page: 2 of 2
PER CURIAM:
In this case, Plaintiff Claudette Jones pulled her car into a bank’s
handicapped parking space without a handicapped parking placard hanging from
her rear view mirror or an appropriate parking sticker on her car’s license plate.
Defendant Gregory Lose, a police officer monitoring the handicapped parking
spaces—because, according to the bank, they were being used unlawfully—
approached Jones and asked to see her driver’s license. Jones refused Officer
Lose’s request, stating: “You have no right to see that.” Officer Lose therefore
arrested her.
In Count I of Jones’s amended complaint, she alleged that this encounter
constituted a “stop and seizure” in violation of the Fourth Amendment. 1 Officer
Lose pled the defense of qualified immunity and moved for summary judgment.
The District Court granted Officer Lose’s motion for summary judgment on Count
I. Jones appeals. We affirm. First, Officer Lose had arguable reasonable
suspicion to conduct an investigatory stop. And when Jones refused to show him
her driver’s license, Officer Lose had arguable probable cause to arrest her for
driving without a current driver’s license.
AFFIRMED.
1
We assume that Count I was brought under the Due Process Clause of the Fourteenth
Amendment, which incorporates the Fourth Amendment right against unreasonable searches and
seizures. See Mapp v. Ohio,
367 U.S. 643, 655–56,
81 S. Ct. 1684, 1691–92,
6 L. Ed. 2d 1081
(1961).
2