A prosecutor is absolutely immune in presenting search warrant applications to a court. Miller v. Rivas, 2022 U.S. Dist. LEXIS 22754 (D.N.J. Feb. 8, 2022).<\/p>\n\n\n\n
The affidavit for search warrant here was based on probable cause. The executing officers waited for defendant to come out and arrest him to facilitate executing the warrant. The government, however, doesn\u2019t show probable cause for his arrest. State search warrants resulting in cases in federal court need only comply with the Fourth Amendment and not Rule 41. United States v. Espinoza, 2022 U.S. Dist. LEXIS 22547 (D.Mont. Feb. 8, 2022).*<\/p>\n\n\n\n
Defendant\u2019s Franks claim fails for lack of evidentiary support. United States v. Hawari-Rasulullah, 2022 U.S. Dist. LEXIS 22835 (M.D.Pa. Feb. 8, 2022).*<\/p>\n\n\n\n
Petitioner\u2019s 2254 Fourth Amendment claim was procedurally defaulted, completely aside from the Stone bar. Johnson v. District Attorney of Montgomery County, 2022 U.S. Dist. LEXIS 23217 (M.D.Pa. Jan. 11, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"
A prosecutor is absolutely immune in presenting search warrant applications to a court. Miller v. Rivas, 2022 U.S. Dist. LEXIS 22754 (D.N.J. Feb. 8, 2022). The affidavit for search warrant here was based on probable cause. The executing officers waited … Continue reading