CA11: Absolute prosecutorial immunity doesn’t apply to failure to recall a material witness warrant leading to arrest

Absolute prosecutorial immunity does not apply to failure to recall a material witness warrant that caused a voluntary witness to be arrested later. Kassa v. Fulton Cty., Ga., 2022 U.S. App. LEXIS 19762 (11th Cir. July 18, 2022).

There was probable cause from CI information defendant was selling drugs from his residence and then controlled buys from there, the last 72 hours before the warrant issued. The information was not stale. Jackson v. State, 2022 Tex. App. LEXIS 4920 (Tex. App. – Houston (1st Dist.) July 19, 2022).*

Defendant was found asleep by an irrigation canal, and he awoke and tried to leave. The officer was able to at least inquire for a welfare check, but defendant wanted to leave, but he wouldn’t let him. The subsequent patdown was unreasonable. State v. Hollist, 2022 Ida. LEXIS 87 (July 19, 2022).*

There was probable cause within the four corners of the affidavit for search warrant. State v. Marion, 2022-Ohio-2480, 2022 Ohio App. LEXIS 2346 (5th Dist. July 19, 2022).*

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