Page 99 - Critical Tasks in Law Enforcement 2020-2021 Sessioin
P. 99

Task: Warrants and Liability






          Messerschmidt v. Millender, 132 S.Ct. 1235 (2012).

          • An officer who obtains a warrant has a high degree of protection


               from liability with respect to any argument that the search was not
               supported by probable cause.


          • A person bringing a lawsuit against an officer where the officer has

               sought a warrant has a high bar to get over in order to prevail

               against the officer.


          • It is only where the officer is plainly incompetent and where the

               person bringing the lawsuit can establish that an objectively

               reasonable officer would know that the affidavit did not set out the

               necessary probable cause.











                                     ©2021 Jack Ryan  Legal & Liability Risk Management Institute                                    98
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