BRANDON PEGG v. GRANT HERRNBERGER
US Court of Appeals for the Fourth Circuit, Agee, Jan. 4, 2017,
Qualified Immunity- Arrest – An officer who makes a legal arrest for a minor traffic infraction is covered by qualified immunity even if the maximum punishment for the traffic infraction is only a fine.

Facts:
Two West Virginia State Troopers conducted a car stop of a vehicle occupied two times with an expired inspection sticker. During the traffic stop, the trooper attempted to place the driver (Pegg) under arrest. When the trooper attempted to take hold of Pegg, Pegg turned toward him and pulled his arm away. At this point, the trooper took Pegg to the ground and handcuffed him with assistance from his partner. Pegg suffered minor scrapes to his head.
Pegg alleged he was arrested for obstruction because he questioned why the trooper needed his passenger’s identification. The trooper claimed that Pegg was arrested for driving with an expired inspection sticker.
The charges were eventually dismissed and the driver sued the trooper.
Held: Because the arrest was legal, the trooper was covered by qualified immunity.

Constitutional Law- Arrest- Under the US Constitution, an arrest is constitutional if an officer has probable cause to believe an individual has committed “even a very minor criminal offense in his presence.”
Constitutional Law- Arrest- An officer may constitutionally make an arrest for a criminal violation even if the criminal violation does not carry jail time.

Law- Arrest- West Virginia law allows an officer to issue a citation for an expired inspection sticker, but also allows police to make an arrest for any crime committed in their presence.

Qualified Immunity – Arrest Intent- The reason an officer intended to make an arrest is irrelevant in determining qualified immunity. If the officer had probable cause to make a legal arrest, then the arrest is constitutional regardless of intent.

First Amendment- Arrest- There is no “First Amendment right to be free from a retaliatory arrest that is supported by probable cause.”

Use of Force- Where a suspect resists arrest by attempting to pull away from the officer, it is a reasonable use of force for the officer to take the suspect to the ground and handcuff him. Particularly where there is no claim that the officer struck the suspect and the use of force stopped once the suspect was under control.