Can a police officer be found liable for misrepresentation in a search warrant application?
MultiRegion, United States of America
The following excerpt is from Garber v. City of Clovis, 1: 09- CV-0242 AWI SMS (E.D. Cal. 2012):
If a plaintiff is able to demonstrate that a warrant was issued as the result of a material misrepresentation, a police officer defendant may still be entitled to summary judgment on qualified immunity grounds, unless the plaintiff can also demonstrate that the police officer deliberately falsified information presented to the judge or recklessly disregarded the truth. Hervey v. Estes, 65 F.3d 784, 789 (9th Cir. 1995).
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