Stateline Arrest Didn't Violate Rights
Tuesday, March 6th 2007, 9:08 am
By: News On 6
FAYETTEVILLE, Ark. (AP) _ A federal magistrate in Arkansas is recommending dismissal of a lawsuit by a man who says his constitutional rights were violated when he was arrested by Arkansas authorities while in Oklahoma.
Stephen James Englemen had called Benton County, Arkansas, sheriff's deputies in January 2005 to report a prowler at his home on the state line.
When those deputies arrived, they also found out about a warrant for Engleman's arrest so they went to the house on the Oklahoma side of the stateline and took Engleman into custody.
Engleman sued on grounds that his Fourth Amendment rights were violated because he was in Oklahoma when he was taken by force, against his will, across the state line into Arkansas.
But the magistrate says Engleman called the Benton County Sheriff's deputies from an Arkansas phone number to an Arkansas address. And he says Engleman never said why he didn't call Oklahoma authorities if that's where he was.
The recommendation now goes to a US district judge for a final decision.