{"id":64192,"date":"2026-06-06T18:25:10","date_gmt":"2026-06-06T23:25:10","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64192"},"modified":"2026-06-06T18:25:43","modified_gmt":"2026-06-06T23:25:43","slug":"ca9-false-evidence-to-arrest-violates-due-process","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=64192","title":{"rendered":"CA9: False evidence to arrest violates due process"},"content":{"rendered":"\n<p>Arrest on false evidence in a malicious prosecution case was based on a due process violation that undermined probable cause to arrest: <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2026\/06\/05\/24-1847.pdf\">Ciria v. Gerrans<\/a>, 2026 U.S. App. LEXIS 16318 (9th Cir. June 5, 2026):<\/p>\n\n\n\n<!--more-->\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p>Ciria has a Fourteenth Amendment due process right not to be deprived of liberty as a result of evidence fabricated by a government officer. See Devereaux v. Abbey, 263 F.3d 1070, 1074\u201375 (9th Cir. 2001) (en banc). \u201cTo prevail on a \u00a7 1983 claim of deliberate fabrication, a plaintiff must prove that (1) the defendant official deliberately fabricated evidence and (2) the deliberate fabrication caused the plaintiff&#8217;s deprivation of liberty.\u201d Spencer v. Peters, 857 F.3d 789, 798 (9th Cir. 2017).<\/p>\n\n\n\n<p>A plaintiff can establish the first element of a fabrication-of-evidence claim with direct evidence of fabrication, such as a \u201cdirect misquotation of witnesses in investigative reports,\u201d id. at 799, as well as with circumstantial evidence, such as evidence that the defendants (i) \u201ccontinued their investigation of [the plaintiff] despite the fact that they knew or should have known that he was innocent,\u201d or (ii) \u201cused investigative techniques that were so coercive and abusive that they knew or should have known that those techniques would yield false information,\u201d Devereaux, 263 F.3d at 1076; see also Spencer, 857 F.3d at 799. The key is that the plaintiff must make some showing of \u201cdishonesty\u201d through either direct or circumstantial evidence. Devereaux, 263 F.3d at 1076. \u201cThe Devereaux test envisions an investigator whose unlawful motivation is illustrated by her state of mind regarding the alleged perpetrator&#8217;s innocence, or who surreptitiously fabricates evidence by using coercive investigative methods. These are circumstantial methods of proving deliberate falsification.\u201d Costanich v. Dep&#8217;t of Soc. &amp; Health Servs., 627 F.3d 1101, 1111 (9th Cir. 2010).<\/p>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Arrest on false evidence in a malicious prosecution case was based on a due process violation that undermined probable cause to arrest: Ciria v. Gerrans, 2026 U.S. App. LEXIS 16318 (9th Cir. June 5, 2026):<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50],"tags":[],"class_list":["post-64192","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64192","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=64192"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64192\/revisions"}],"predecessor-version":[{"id":64194,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64192\/revisions\/64194"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64192"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64192"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64192"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}