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
Latest Conference: 2019-10-01
Question Presented (from Petition)

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. Delaware, 438 US 154 (1978) long forbade intentionally false or recklessly misleading in affidavits to obtain warrants.

Hicks v. Oklahoma, 447 US 343 (1980) 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.

Question Presented (AI Summary)

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

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