(dissenting).
In reviewing the record, I find that appellant, the holder of a rather responsible position with the government, on this particular Sunday afternoon upon arrival at the Washington National Airport went looking for trouble, found it, and, if the majority opinion is sustained, will now receive at least $1,000 for his efforts. Having received a traffic ticket, appellant went to the airport police station to have the date changed for his appearance before the United States Commissioner. His car bore New Jersey license plates and he carried a driver’s permit issued by the State of New York. He had in his possession $23. After the appearance date had been changed to meet his convenience, he was asked by the acting sergeant to post a collateral of three dollars and told that if the amount was not posted, he would have to be detained until the United States Commissioner could be reached. In a deposition filed with the record in this court there was testimony that officer Doak explained to appellant that this procedure was “set up by the government,” and that the collateral posted would be returned to him upon his appearance before the United States Commissioner. Appellant refused. According to the agreed statement of proceedings and evidence, he told the sergeant, “Go ahead and lock me up. I don’t think you have the authority.” He was detained for thirty minutes and released upon the posting of the collateral. Appellant subsequently sued ap-pellees in the United States District Court for the District of Columbia for $50,000 and the case was certified to the Municipal Court. I believe the trial judge was correct in granting judgment n. o. v. on the false arrest case on the ground of immunity. I disagree with the majority that applying this doctrine to this case would be carrying it too far, in view of the uncori-tradicted testimony that the procedure was set up by the government, and thus the sergeant was performing an act within the scope of his authority.
What we are asking the officers to decide is the right to arrest without a warrant, a question that this court, and even the Supreme Court of the United States, differs on from time to time. We are rapidly reaching the point where a law enforcement official will be afraid to carry out his authority for fear that he might have to answer in a civil suit for damages. This is a sorry state óf affairs and I for one will not subscribe to it. I believe that enough road blocks have already been erected in their path without adding to them.