· 8/9/1991
Torchinsky v. Siwinski
Citations
- 942 F.2d 257
- 1991 U.S. App. LEXIS 18130
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that decisions of a state criminal judge and federal district court judge both finding probable cause are relevant to qualified immunity
- warning that impulsive or reckless reliance on a witness in applying for a warrant may not be protected by qualified immunity
- stating that a police officer need not “exhaust every potentially exculpatory lead or resolve every doubt about a suspect’s guilt before probable cause is established”
- noting that magistrate approval provides additional support for finding an officer’s actions objectively reasonable
- reasoning that “[i]t is surely reasonable for a police officer to base 19 It is unsettled whether “a plaintiff bringing a Fourth Amendment claim under § 1983 for malicious prosecution must establish malice (or some other mens rea
- finding reasonable reliance on a victim’s identification despite the victim offering varying statements about the source of his injuries
Source: CourtListener parenthetical corpus (CC0).
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.