The following excerpt is from Flores v. City of Bakersfield, Case No.: 1:17-cv-1393 - JLT (E.D. Cal. 2019):
Further, an officer's actions based on fabricated evidence violate the Fourth Amendment only if there is no probable cause without the fabrication. See Franks v. Delaware, 438 U.S. 154, 156 (1978). Thus, where a plaintiff makes a substantial showing that an officer included fabricated evidence in an affidavit, the court should grant summary judgment for a Fourth Amendment claim if the facts nevertheless state probable cause with the fabrication omitted. Hervey v. Estes, 65 F.3d 784, 789 (9th Cir. 1995).
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