Whether probable cause or arguable probable cause exists to seek a search warrant where an officer relies upon an informant who turns himself in, admits commission of multiple including unreported/ unsolved crimes, and whose information is partially corroborated

QUESTIONS PRESENTED FOR REVIEW This case involves a 42 U.S.C. § 1983 action alleging a Fourth Amendment violation against an officer for seeking and obtaining a search warrant based on information provided by an informant who turned himself in to officers, admitted to committing multiple and unknown/unreported crimes, and whose information was partially corroborated. The officer took the additional step of seeking the advice of an assistant district attorney on whether probable cause existed to seek a search warrant. Officers executing the search warrant knocked and announced their presence, properly breached the residence, and—after the homeowner raised a weapon—shot the homeowner. No claims of failure to knock and announce, improper breach, or excessive force were included in the complaint. A majority of the panel in the Eleventh Circuit determined that probable cause did not exist to seek the search warrant but reversed the district court’s denial of summary judgment as to the other named defendants. The dissent, relying on precedent, found probable cause existed for the search and that summary judgment should have been granted to Petitioner thereby dismissing all claims. The questions presented are: 1. Whether probable cause or arguable probable cause exists to seek a search warrant where an officer relies upon an informant who turns himself in, admits commission of multiple including unreported/ unsolved crimes, and whose information is partially corroborated; il 2. Whether an officer retains qualified immunity when he takes the additional step of consulting with and relying upon the advice of an assistant district attorney that probable cause exists prior to seeking and securing a search warrant; 3. Whether the subject of a knock and announce search warrant raising a weapon at officers executing such a warrant breaks the causal connection between the allegedly flawed search warrant and damage claims including the death of a homeowner shot by officers who warned the subject homeowner to drop his weapon before firing. iii LIST OF PROCEEDINGS United States Court of Appeals for the Eleventh Circuit No. 18-10628 Teresa Hooks, Et Al., v. Christopher Brewer, Et Al., Opinion Date: June 19, 2020 Rehearing Denial Date: September 1, 2020 United States District Court for the Southern District of Georgia, Dublin Division No. CV 316-023 Teresa Pope Hooks, Individually; and Estate of David Hooks, by Teresa Pope Hooks, Administratrix, Plaintiffs, v. Christopher Brewer; Steve Vertin; and William “Bill” Harrell; Defendants. Final Order Date: January 29, 2018