In what circumstances will a plaintiff be able to make a Fourth Amendment claim against a government investigator for submitting false and material information in a warrant affidavit?

MultiRegion, United States of America

The following excerpt is from Hayes v. Idaho Corr. Ctr., 849 F.3d 1204 (9th Cir. 2017):

Id. at 59697, 109 S.Ct. 1378. We have similarly held that to state a Fourth Amendment claim against a government investigator for submitting false and material information in a warrant affidavit, "a 1983 plaintiff must show that the investigator made deliberately false statements or recklessly disregarded the truth in the affidavit and that the falsifications were material to the finding of probable cause." Galbraith v. Cty. of Santa Clara , 307 F.3d 1119, 1126 (9th Cir. 2002) (emphasis added) (citation omitted).

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