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ROHDE v. CITY OF ROSEBURG

No. 94-35805.

137 F.3d 1142 (1998)

Marlyn L. ROHDE; Mark E. Rohde, Plaintiffs-Appellants, v. CITY OF ROSEBURG, an Oregon municipal corporation; Tommy A. Sorenson, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 4, 1998.

Attorney(s) appearing for the Case

Thad M. Guyer, Medford, Oregon, for plaintiffs-appellants.

Robert E. Franz, Jr., Matt Farmer, Springfield, Oregon, for defendants-appellees.

Before: CANBY, T.G. NELSON, and KLEINFELD, Circuit Judges.

CANBY, Circuit Judge:

This appeal from the dismissal of a 42 U.S.C. § 1983 action presents the question whether police improperly arrested both the driver of a vehicle and its passenger on the basis of a police report indicating that the vehicle had been stolen. We conclude that the officer had probable cause to arrest the driver of the vehicle but not the passenger.

BACKGROUND

When Roseburg, Oregon Police Officer Tom McFadden stopped Mark Rohde...

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