Is a police officer liable for search and seizure without a warrant?
MultiRegion, United States of America
The following excerpt is from Peralta v. DiLlard, 704 F.3d 1124 (9th Cir. 2013):
Finally, police are not shielded from liability for unconstitutional searches or seizures simply because a neutral magistrate has issued the warrant on which the police rely. See Messerschmidt v. Millender, U.S. , 132 S.Ct. 1235, 1245, 182 L.Ed.2d 47 (2012). Rather, if it is obvious that no reasonably competent officer would have concluded that a warrant should issue, liability will attach. Id. (quoting Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986)).
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