CA2: Swearing to arrest warrant at direction of a prosecutor does not confer prosecutorial immunity

“Long-standing precedent makes clear that swearing to an arrest warrant affidavit and executing an arrest are traditional police functions, and performing such functions at the direction of a prosecutor does not transform them into prosecutorial acts protected by absolute immunity.” Washington v. Napolitano, 2022 U.S. App. LEXIS 7638 (2d Cir. Mar. 23, 2022).

Defendant’s 2255 argument that defense counsel was ineffective for not better arguing his search issue in the district court fails. None of the issues he raises would change the outcome. United States v. Aviles, 2022 U.S. Dist. LEXIS 51379 (M.D.Pa. Mar. 22, 2022).*

Defendant’s claim here is that a prior unlawful search led to this search warrant. There is no causal connection between the two. Motion to suppress denied. United States v. Henderson, 2022 U.S. Dist. LEXIS 51402 (D.Ore. Mar. 22, 2022).*

“As set forth above, the warrant was sufficiently supported by probable cause and the agent’s reliance on it was justified and reasonable.” United States v. Gonzalez-Rivera, 2022 U.S. Dist. LEXIS 51430 (W.D.N.Y. Feb. 17, 2022).*

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