Id. (quoting Wright v. City of Philadelphia, 409 F.3d 595, 602 (3d Cir.2005) (citation omitted); see also Marrs v. Boles, 51 F. Supp. 2d 1127, 1135 (D. Kan. 1998) ("If probable cause exists as to one charged crime, whether the police had probable cause to arrest for other crimes is irrelevant.").
If probable cause exists as to one charged crime, police officers are justified in arresting that person, and it is immaterial whether there was probable cause to arrest for other crimes. See Foster v. Metro. Airports Comm'n, 914 F.2d 1076, 1080 (8th Cir. 1990); Marrs v. Boles, 51 F.Supp.2d 1127, 1135 (D. Kan.1998). In that the Court finds probable cause existed to arrest Mr. Foley on the disorderly conduct charge, it is unnecessary to discuss the evidence relating to resisting arrest or obstructing an officer.
As the complaint objectively sustains Officer Moore's probable cause to arrest Goings for not remaining at the scene of an accident and for failing to obey an officer's order, it is unnecessary for the court to consider whether Officer Moore had probable cause to arrest Goings for DUI. See Devenpeck v. Alford, 543 U.S. at 153-55 (holding that, if an officer has probable cause to arrest a suspect for any crime, there is no Fourth Amendment violation even if the officer lacked probable cause with respect to the actual offense charged); Marrs v. Boles, 51 F. Supp. 2d 1127, 1135 (D. Kan. 1998) ("If probable cause exists as to one charged crime, whether the police had probable cause to arrest for other crimes is irrelevant."), aff'd, 176 F.3d 488 (10th Cir. 1999) (Table). The plaintiff is misguided in arguing that because Officer Moore chose to arrest him based on the DUI offense, the probable cause for arrests under K.S.A. 8-1503 and K.S.A. 8-1603 does not bar his Fourth Amendment claim for unlawful arrest:
"If probable cause exists as to one charged crime, whether the police had probable cause to arrest for other crimes is irrelevant." Marrs v. Boles, 51 F. Supp. 2d 1127 (D. Kan. 1998), aff'd 176 F.3d 488 (10th Cir. 1999). Even if there was no probable cause to make a warrantless arrest, Romero would be entitled to immunity if his belief that he had probable cause was reasonable.