A woman who was arrested after she returned to the house she had shared with her estranged husband to retrieve personal belongings cannot sue for false arrest even though she shared title to the former marital residence, a federal appellate court has ruled.

Vacating a lower court ruling, the 2nd U.S. Circuit Court of Appeals concluded in Finigan v. Marshall, 07-0964, that Saratoga County Deputy Sheriff William E. Marshall had probable cause to arrest Geneva Finigan for trespass when he responded to a report of a burglary at the upstate home occupied by her husband Robert, who was away on vacation.

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