Mr Hodges, a 61 year old legally blind man was arrested for carrying a walking stick in his back pocket, and because he questioned the police order to identify himself. He was stopped because the police thought he might be carrying a gun (which is legal in Florida). He showed the police the folding walking stick, and then the police ordered him to identify himself. He declined, which he had the right to do, as Florida makes it legal for citizens to resist unlawful arrests, and because, as he rightfully pointed out, the police needed reasonable suspicion to detain him, which they did not have, and probable cause to force him to identify. He was then arrested on charges of resisting. He was held in jail for 26 hours before being released the following day.
I think the police did this out of malice, because Mr Hodges chose to assert his right to be free from illegal search and seizure. The police chief later apologized to Mr Hodges, placed the two officers on unpaid leave for two days, and demoted the supervisor/sergeant who was one of the arresting officers, but this cannot turn back the clock. If a civilian had locked someone up illegally for a day they would be charged with multiple felonies, but the police get away with this kidnapping with a mere slap on the wrist, while the taxpayers are left holding the bag for what is likely to be a very substantial settlement in the civil suit that is going to follow. Qualified immunity has to go, or at least be diminished in extent to stop police from blatantly abusing innocent civilians.
I think the police did this out of malice, because Mr Hodges chose to assert his right to be free from illegal search and seizure. The police chief later apologized to Mr Hodges, placed the two officers on unpaid leave for two days, and demoted the supervisor/sergeant who was one of the arresting officers, but this cannot turn back the clock. If a civilian had locked someone up illegally for a day they would be charged with multiple felonies, but the police get away with this kidnapping with a mere slap on the wrist, while the taxpayers are left holding the bag for what is likely to be a very substantial settlement in the civil suit that is going to follow. Qualified immunity has to go, or at least be diminished in extent to stop police from blatantly abusing innocent civilians.