If a law enforcement agency executes a warrant when it has information that it is a bad warrant, or is not a warrant at all (that there is, literally, no judge-signed order), it risks liability. That law enforcement agency needs to decide, based on all of the facts, whether it has the authority to take a certain action. Further, that agency is not permitted to ignore facts it has been provided.
If law enforcement acts “abruptly and summarily” in the face of “evidence that might be characterized as contrary to the conclusion…” it “gamble[s] that is [i]s correct in its conclusions….”
Gentry v. Lee’s summit, 10 F.3d 1340, 1344 (8th Cir. 1993)
May 21, 2013. Re-blog from jillclarkcontinues. No derivative works are authorized by copyright holder(s).