Blanca Arizmendi v. Patrick Gabbert
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.
Was the officer's arrest of Petitioner with a warrant based on clearly established law?