F.4th, 2022 WL 355437

Washington v. Durand

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 15:48

Plaintiff was arrested on a warrant based on tip from a CI and photographic identification by co-perpetrator who had already confessed; when co-perpetrator saw plaintiff in person he said she was not the perpetrator; failure to release plaintiff promptly or to return to magistrate to inform him of non-identification did not violate plaintiff’s Fourth Amendment rights; probable cause persisted throughout detention, officer was entitled to rely on facially valid and lawfully obtained warrant, and officer did not take affirmative action to continue the prosecution; in revisionist opinion by Ju