Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

Cal.2: DA's investigators had state immunity for participation in state search warrant, even if acting maliciously

By John Wesley Hall, Jr.

DA’s investigators had state immunity for planning for an procuring a search warrant that led to no charges being filed, even if they were acting maliciously. County of L.A. v. Superior Court, 2009 Cal. App. LEXIS 2138 (2d Dist. December 23, 2009), Publication Status of this Document has been Changed by the Court from Unpublished to Published January 22, 2010: More important, the immunity applies "even if the authorities later decide not to file charges." (Gillan, supra, 147 Cal.App.4th at p. 1048, italics added, citing Ingram, supra, 74 Cal.App.4th at p. 1293 & Amylou R., supra, 28 Cal.App.4th at pp. 1209-1211.) Government Code section 821.6 appears also to extend to conduct that occurred after the close of the proceeding. (Cappuccio, Inc...continue to full post

Full post as published by Fourth Amendment on January 24, 2010 (boomark / email).