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S.D.Tex.: "Mere evidence" that was potential 404(b) evidence could be seized under SW

By John Wesley Hall, Jr.

Prosecutor who used a search warrant to aid the defense of a habeas corpus was not entitled to absolute immunity. Auguste v. Sullivan, 2009 U.S. Dist. LEXIS 23526 (D. Colo. March 26, 2009)*: It is clear that the facts of this case are a significant step removed from the framework laid out in Imbler and its progeny. The facts here involve the execution of a search warrant to aid the defense of a habeas corpus proceeding. "Habeas corpus is a civil proceeding and the burden is upon the petitioner to show by a preponderance of the evidence that he is entitled to relief." Beeler v. Crouse, 332 F.2d 783, 783 (10th Cir. 1964); see also Browder v. Dir., Dep't of Corr. of Illinois, 434 U.S. 257, 269 (1978) ("It is well settled that habeas corpus is a civil proceeding...continue to full post

Full post as published by Fourth Amendment on March 29, 2009 (boomark / email).