Taylor v. Hughes

Submitted by Re'Neisha Stevenson on Thu, 10/27/2022 - 09:43

Officer did not violate 4th Amendment by relying on John Doe informant to get search warrant; officer did violate 4th Amendment and commit Franks violation by misrepresenting to judge who issued warrant that he knew apartment number of premises to be searched when in fact he had guessed at the number and got it wrong; officer violated 4th Amendment by seeking warrant to search for drugs when informant had said nothing about drugs; warrant that was obtained through Franks violation did not protect from suit officer who committed Franks violation for conducting search based on the warrant; officers who arrested plaintiff when they conducted search and found a weapon other than the weapon described in the warrant in a second bedroom occupied by people other than plaintiff were entitled to qualified immunity for arrest because they had arguable probable cause that plaintiff was in constructive possession of the weapon; neither officers nor City were liable for failure to cancel an “investigative alert” which resulted in plaintiff’s second arrest after he had been found not guilty of original charges in state court.

Actionable Conduct Edition