What is the current state of the law on qualified immunity for police officers who arrest a defendant on an outstanding warrant?

MultiRegion, United States of America

The following excerpt is from Vasquez v. Maloney, 990 F.3d 232 (2nd Cir. 2021):

The Officers suggest that our decision in United States v. Santa , 180 F.3d 20 (2d Cir. 1999), supports their claim to qualified immunity. But that precedent only highlights where their argument falters. In Santa , officers arrested the defendant based on an erroneous police computer record indicating that he was wanted on an outstanding warrant. Id. at 24. The warrant had in fact been vacated, but due to a clerical error by court employees, it was never removed from the police database. Id. at 2223. Before arresting the defendant, the officers had requested a "wanted person check" from the dispatcher to determine whether there was an outstanding warrant. Id . at 24. The dispatcher checked the police database and separately confirmed with the originating department, which faxed a copy of the warrant to the requesting department, and radioed the information back to the officersall based on incorrect information resulting from the clerical error. Id . Because the officers reliance on the erroneous computer record was objectively reasonable and the error was attributable to court employees rather than improper police practices, we declined to suppress evidence found on the defendant's person pursuant to the exclusionary rule. Id . at 30.

Other Questions


When a police officer deliberately falsifies an arrest warrant and imprisons another officer by personally serving the warrant himself? (MultiRegion, United States of America)
What is the state of the law on qualified immunity for police officers who did not have probable cause to arrest Mara? (MultiRegion, United States of America)
When can a police officer rely on a search warrant or a warrant issued by the Office of the Attorney General for the purpose of obtaining an administrative inspection warrant? (MultiRegion, United States of America)
What is the difference between a police officer's response to a request for information about an arrest warrant and the fact that the police officer responded to the request with an incriminating comment? ("New York", United States of America)
What is the current state of the law on arrest "across the threshold" of a residence where the arrest warrant requires a person to close the door to prevent the arrest? (MultiRegion, United States of America)
When there is no probable cause to arrest, does a police officer have qualified immunity from a claim of false arrest? (MultiRegion, United States of America)
What is qualified immunity for an arresting officer in a false arrest case? (MultiRegion, United States of America)
When a defendant invokes qualified immunity in a civil case, what is the test for such a qualified immunity? (MultiRegion, United States of America)
What is qualified immunity for an arresting officer in a false arrest case? (MultiRegion, United States of America)
Is a police officer entitled to qualified immunity in the context of a false arrest claim? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.