Frisch

Frisch v. Printz

Good Law
4 F. App'x 533
United States Court of Appeals for the Ninth CircuitFebruary 23, 2001No. 99-35747; D.C. No. CV-97-00082-DWMCalifornia535 words

Opinion

Lead Opinion

MEMORANDUM **

This case involves the shooting death of Melvin Frisch following an attempted arrest, a car chase, a standoff, and the warrantless entry into his house by a police officer. Plaintiff Doreen Frisch appeals from the district court’s grant of summary judgment to Defendants Printz and Ravalli County on the ground of qualified immunity. We affirm.

Frisch first contends that the officers effected an unconstitutional seizure by surrounding the house. Assuming without deciding that the officers’ action constituted a seizure, the seizure was permissible because it was justified by probable cause. See Beck v. Ohio, 379 U.S. 89, 91 , 85 S.Ct. 223 , 13 L.Ed.2d 142 (1964) (defining probable cause as “whether at [the] moment [of the arrest] the facts and circumstances within [the officers’] knowledge and of which they had reasonably trustworthy in *535 formation were sufficient to warrant a prudent man in believing that the [arrestee] had committed or was committing an offense”). Here, the officers witnessed Frisch commit multiple offenses-speeding and evading arrest, at the least-and thus they had probable cause to seize him. Moreover, the seizure was carried out in a…

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