“The district court correctly concluded that unsworn items in an investigatory file can be used to establish probable cause, and that there is nothing in the record to show that the magistrate judge failed to consider the information available to him to fulfill his duties. Furthermore, Decina is unable to demonstrate that Officer Berry omitted any facts, much less that he did so with reckless disregard for the accuracy of the application. See Miller v. Prince George’s Cnty., 475 F.3d 621, 627 (4th Cir. 2007) (explaining that the inquiry for determining whether an officer omits material facts turns on whether the officer “failed to inform the judicial officer” of facts known to negate probable cause).” Decina v. Horry Cty. Police Dep’t, 2023 U.S. App. LEXIS 3981 (4th Cir. Feb. 21, 2023).
“We have recognized a constitutional claim to be free from malicious prosecution under the Fourth Amendment.” The only requirement at issue here is probable cause, and there was. Tomasik v. Martin, 2023 U.S. App. LEXIS 4042 (6th Cir. Feb. 21, 2023).*