Local police officer Hugh Niform arrests Wally Ball for public intoxication. Hugh takes Wally downtown to the jail, writes up the arrest report and files it. A few hours later Wally's attorney arrives and is able to produce medical evidence showing Ball had a medical condition and it was a mistaken prescription that caused the intoxicating effect and that he was not drinking or taking any illegal drugs. The changes are dropped. The arrest report is still on record. If Ball chooses to, he could win a libel lawsuit against Officer Niform for falsely accusing him of being intoxicated.

Question

Quizplus · Accepted Answer

The accusation may be false, but the arrest record is protected by an absolute privilege. It is the officer's job to write up the arrest. If the officer went around talking about it with other people that could be actionable, but the arrest record is privileged.

Local Police Officer Hugh Niform Arrests Wally Ball for Public