Due to factual disputes about the sequence of events, we assume in Moore's favor that Officer Meadows conducted the arrest based solely on Moore's failure to obey the road barricade and refusal to produce her driver's license. The question, therefore, is whether arguable probable cause existed to arrest an uncooperative individual who had committed a misdemeanor traffic offense in the officer's presence. The answer is readily provided by Georgia law, which provides that probable cause can be grounded on a traffic misdemeanor. Under
O.C.G.A. § 17–4–20(a) (Michie 1990), Georgia law enforcement officers have the authority to make warrantless arrests for misdemeanors committed in their presence, including traffic misdemeanors.
See United States v. Wilson, 853 F.2d 869, 872–74 (11th Cir.1988),
cert. denied, 488 U.S. 1041, 109 S.Ct. 866, 102 L.Ed.2d 990 (1989). Hence, arguable probable cause was triggered by Moore's bypassing the roadblock without permission.
Moreover, our finding of arguable probable cause is reinforced by undisputed facts as to Moore's demeanor. By the time Officer Meadows restrained her, she had already fled from him once.
See Moore Depo. at 26. According to her own account, she was flatly uncooperative when she returned to the parking lot, refusing to produce identification simply because she believed that the entire altercation was Officer Meadows's fault.
See Moore Depo. at 28.