” In May 2019, he received a dispatch call alerting him that two bail bondsmen believed that Quintin Prejean, a wanted fugitive with two active felony warrants, might be in the area. Lindley met with the bondsmen, who told him they had seen a man matching Prejean’s description walking a dog nearby. After taking a cell phone photograph of Prejean’s mugshot and verifying the warrant information with dispatch, Lindley drove to the area where the bondsmen claimed to have seen Prejean.”
“At the outset we must resolve two disputes regarding the issue of mistaken identity. First, the district court examined “side-by-side pictures of Quintin [Prejean] and Evans” along with “other pictures received in Evans’ deposition.” Evans, 2020 WL 6504449, at *3 n.3. Based on this examination, the court concluded that “Lindley’s mistaken identification of Evans as Quintin [Prejean] was objectively reasonable.” Id. Lindley argues, relying on United States v. Ferguson, that this “finding must stand on appeal” absent a showing of clear error. “
Bad intel, bad ID. The cop was doing his job, he made a mistake but at least he didn’t resort to voilence even though Evans was agitated, and rightly so. I would be pissed too.
I would love to see the mugshot photo he had to go off of, who knows what objectively reasonable means.