The United States Supreme Court has reversed The Ninth Circuit Court of Appeals’ decision which held police officer liable for invalid warrant and the resulting civil rights intrusion.
The Court recognized limited instances when a warrant can be construed as defective but that was not the case in this action. The officer had his affidavit in support of warrant reviewed by his supervisor, another officer and the district attorney before submitting to the magistrate that approved the warrant. See Messerschmidt v. Millender, Docket No. 10-704, decided February 22, 2011.