Sirakides provided false information in support of CDR 2 applications for arrest warrant, and may be found liable for false arrest. The Seventh Circuit acknowledged that Newsome “left open the possibility of a Fourth Amendment claim against officers who misrepresent evidence to prosecutors. Indeed, in McCulloch v. Gadert, a Fourth Amendment based wrongful arrest claim was permitted against an officer who allegedly provided false information in a police report.
Thus, in Johnson v. Saville, the Seventh Circuit held its precedent did not preclude a Fourth Amendment claim for an allegedly provided a false report to a State’s Attorney and for false grand jury testimony. Since the gist of the action for false arrest is the illegal detention of the person, neither malice, ill will, nor the slightest wrongful intention is necessary to constitute the offense. Crosswhite v. Barnes, 139 Va. 471, 124 S. E. 242 (1924)9
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N.J.S.A. 2C:28-4. False reports to law enforcement authorities a. Falsely incriminating another. A person who knowingly gives or causes to be given false information to any law enforcement officer with purpose to implicate another commits a crime of the fourth degree. b. Fictitious reports. A person commits a disorderly persons offense if he: (1) Reports or causes to be reported to law enforcement authorities an offense or other incident within their concern knowing that it did not occur; or (2) Pretends to furnish or causes to be furnished such authorities with information relating to an offense or incident when he knows he has no information relating to such offense or incident.
N.J.S.A. 2C:28-5. Tampering with witnesses and informants; retaliation against them. 2C:28-5. a. Tampering. A person commits an offense if, believing that an official proceeding or investigation is pending or about to be instituted or has been instituted, he knowingly engages in conduct which a reasonable person would believe would cause a witness or informant to: (1) Testify or inform falsely; (2) Withhold any testimony, information, document or thing; (3) Elude legal process summoning him to testify or supply evidence; (4) Absent himself from any proceeding or investigation to which he has been legally summoned; or (5) Otherwise obstruct, delay, prevent or impede an official proceeding or investigation.
The Supreme Court found in United States v. Guest 383 U.S. 745 (1966)(d) The allegation concerning the arrest of Negroes by means of false reports was sufficiently broad to cover a charge of active connivance by state agents or other official discriminatory conduct constituting a denial of rights protected by the Equal Protection Clause. Pp. 383 U. S. 756-757.One of the means of accomplishing the object of the conspiracy, according to the indictment, was “By causing the arrest of Negroes by means of false reports that such Negroes had committed criminal acts.” [Footnote 10] In Bell v. Maryland, 378 U. S. 226, three members of the Court expressed the view that a private businessman’s invocation of state police and judicial action to carry out his own policy of racial discrimination was sufficient to create Equal Protection Clause rights in those against whom the racial discrimination was directed.
It may charge no more than cooperative private and state action similar to that involved in Bell, but it may go considerably further. For example, the allegation is broad enough to cover a charge of active connivance by agents of the State in the making of the “false reports,” or other conduct amounting Page 383 U. S. 757 to official discrimination clearly sufficient to constitute denial of rights protected by the Equal Protection Clause.”It was a part of the plan and purpose of the conspiracy that its objects be achieved by various means, including the following: “The appellees contend that the indictment is invalid since 18 U.S.C. § 241, under which it was returned, protects only against interference with the exercise of the right to equal utilization of state facilities, which is not a right “secured” by the Fourteenth Amendment in the absence of state action.
With respect to this contention the Court upholds the indictment on the ground that it alleges the conspiracy was accomplished, in part, “[b]y causing the arrest of Negroes by means of false reports that such Negroes had committed criminal acts.” The Court reasons that this allegation of the indictment might well cover active connivance by agents of the State in the making of these false reports or in carrying on other conduct amounting to official discrimination. By so construing the indictment, it finds the language sufficient to cover a denial of rights protected by the Equal Protection Clause. The Court thus removes from the case any necessity for a “determination of the threshold level that state action must attain in order to create rights under the Equal Protection Clause.”
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.