No. 19-308

Blanca Arizmendi v. Patrick Gabbert

Lower Court: Fifth Circuit
Docketed: 2019-09-06
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights constitutional-rights due-process false-representation fourth-amendment franks-v-delaware hicks-v-oklahoma law-enforcement qualified-immunity texas-code-of-criminal-procedure warrant-affidavit warrantless-arrest
Key Terms:
SocialSecurity DueProcess JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Was the officer's arrest of Petitioner with a warrant based on clearly established law?

Question Presented (OCR Extract)

QUESTION PRESENTED: 1. Was the following “clearly established law” at the time of the officer’s arrest of Petitioner with a warrant: The officer made misleading and material representations in his affidavit for the warrant; if he could have made the arrest without a warrant, he is entitled to qualified immunity. Franks v. long forbade intentionally false or _ recklessly misleading in affidavits to obtain warrants. Hicks v. long held that a state’s failure to follow its own law violates due process. Texas’ own law had _ long _ disallowed warrantless arrests, unless the offense was committed in the officer’s presence or was a felony with the accused about to escape, neither of which exceptions applies here.

Docket Entries

2019-10-07
Petition DENIED.
2019-09-11
DISTRIBUTED for Conference of 10/1/2019.
2019-09-06
Waiver of right of respondent Patrick Gabbert to respond filed.
2019-08-28
Petition for a writ of certiorari filed. (Response due October 7, 2019)

Attorneys

BLANCA ARIZMENDI
Larry Warner — Petitioner
PATRICK GABBERT
Charles Straith FrigerioLaw Offices of Charles S. Frigerio, P.C., Respondent