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· 3/20/2015

Puller v. Baca

Citations

  • 781 F.3d 1190
  • 2015 WL 1285283

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding the Fourth Amendment is violated by the knowing or reckless inclusion of false statements in an arrest warrant affidavit, or the knowing or reckless omission of information that would vitiate probable cause
  • rejecting Franks claim where there was nothing but “conclusory allegations” that the officer “intentionally or recklessly omitted” the information at issue
  • rejecting Franks claim where there was nothing but “conclusory allegations” that the officer “intentionally or recklessly omitted” the information at issue
  • “Most of Puller’s claims (except his equal protection claim) require us to consider whether Baca had probable cause to arrest Puller.”
  • “To establish probable cause . . . the affidavit need only to establish something ‘more than a bare suspicion’” that the suspect committed a crime.
  • when a defendant raises the defense of qualified immunity, Plaintiff bears a “heavy burden” to establish a violation of a constitutional right

Source: CourtListener parenthetical corpus (CC0).

Judges: Tymkovich, Ebel, Phillips

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.