Tensley
Tensley v. City of Spokane
Opinion
lead Opinion
MEMORANDUM **
Preston Tensley (“Tensley”) and his wife, Beata, appeal the district court’s order granting defendants’ motion for summary judgment on their federal constitutional claims, as well as on their Washington state law claims of false imprisonment, trespass, conversion, and defamation. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Tensley contends that the police violated his civil rights under 42 U.S.C. § 1983 by arresting him without probable cause and seizing his vehicle without a warrant. The issue before federal courts “upon review of a state-approved search or seizure is not whether the search (or seizure) was authorized by state law. The question is rather whether the search was reasonable under the Fourth Amendment.” Miranda v. City of Cornelius, 429 F.3d 858, 865 (9th Cir.2005) (quoting Sibron v. New York, 392 U.S. 40, 61 , 88 S.Ct. 1889 , 20 L.Ed.2d 917 (1968)). Here, state and federal law lead to the same conclusion.
A reasonable arrest is one supported by probable cause. Brinegar v. United States, 338 U.S. 160, 175 , 69 S.Ct. 1302 , 93 L.Ed. 1879 (1949). Under federal law, “[pjrobable cause exists where ‘the facts *560 and…