May 17, 2014

Enright v. Groves - 39 Colo.App. 39, 560 P.2d 851 (1977) - Colorado Court of Appeals

Facts: Groves (an officer) saw a dog, followed it to its home, and looked for the owner.  He was directed to the defendant, Ms. Enright who upon being asked for her driver's license refused to give it to Officer Groves.  Groves arrested her.

Procedural History: Jury awarded $500 actual damages and $1000 exemplary.

Issue: Was she falsely imprisoned?

Holding: Yes

Rationale: When being taken into custody there must exist a specific law that has been broken or suspected of being broken.  Enright was not taken into custody for the dog wandering the streets but for failure to show her driver's license which the officer cannot legally demand to see.

Disposition: Judgement affirmed.