Iii. [§ 3.3] False Arrest

• Jurisdiction: Maryland

III. [§ 3.3] FALSE ARREST

On April 5, 2021, George Harris, a lieutenant with the Baltimore City Police, observed an unidentified white female, wearing blue jeans and a white raincoat, exchange a small cellophane bag containing a white substance for an envelope on the corner of Charles Street and Pratt Street in Baltimore City. Harris suspected that the unidentified female was selling drugs. As he approached her for questioning, the woman ran and entered a nearby restaurant. Harris followed the female into the crowded restaurant but saw no one in a raincoat and was unable to distinguish the suspect from the other patrons. Harris then exited the restaurant and observed Jane Smith walking briskly west on Pratt Street. Ms. Smith was wearing blue pants and a sweater and was carrying a dark coat over her arm. Harris, who did not have a warrant, approached Ms. Smith, advised her of her rights, and placed her under arrest. Smith sued Harris for false arrest.

COMPLAINT

False Arrest

Jane Smith (hereinafter "Smith"), Plaintiff, by her attorneys, Esther P. Bernard and Bernard & Bernard, P.A., sues George Harris (hereinafter "Harris"), Defendant, and states:

1. Plaintiff Smith is a resident of Baltimore City, Maryland.
2. Defendant Harris is a Lieutenant with the Baltimore City Police Department and resides in Baltimore City, Maryland.
3. On or about April 5, 2021, Harris observed an unidentified female, dressed in blue jeans and a white raincoat, exchanging a cellophane bag containing a white substance for an envelope on the corner of Charles Street and Pratt Street in Baltimore City, Maryland.
4. Harris, believing that the unidentified female was selling drugs, approached her for questioning.
5. The unidentified female fled and entered a nearby restaurant. Harris followed the suspect into the restaurant. However, he was unable to distinguish her from the other restaurant patrons. Harris then exited the restaurant and observed Plaintiff Smith walking on Pratt Street.
6. Smith was not wearing blue jeans or a raincoat, and her appearance was not similar to the suspect's.
7. Harris, who had no rational reason to believe that Smith was the unidentified woman whom he had seen earlier and suspected of selling drugs, approached Smith, advised her of her rights, and arrested her. Subsequently, Smith was handcuffed and taken to the police station where she awaited arraignment.
8. Harris's arrest was made without a warrant and demonstrated ill will, improper motivation, or evil purpose.
9. The fact that Smith was a female wearing dress pants of a similar color to the blue jeans worn by the unidentified female suspected by Harris of selling drugs did not constitute probable cause needed to make a warrantless arrest.
10. The fact that Smith was observed by Harris in the area where the unidentified female was last seen did not constitute probable cause needed to make a warrantless arrest.
11. As a result of Harris's conduct and actions, Plaintiff Smith has suffered, and will continue to suffer, severe mental anguish, medical and other related

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