Burdette Block v. Adam Dupic
2014 U.S. App. LEXIS 13403
| 8th Cir. | 2014Background
- Police obtained a search warrant for Lenny Block's home based on oral testimony and a narrative that included a man saying, 'See you later, Lenny.'
- The informant later disavowed the statement as false or a ruse to frustrate law enforcement, but this was not disclosed in the warrant application to the issuing judge.
- Officer Dupic executed the warrant early in the morning and restrained Lenny's brother, the plaintiff.
- Two individuals were observed going to Lenny's home around 2 a.m., with one person yelling the remark before leaving, creating an inference that Lenny was inside.
- The district court granted summary judgment in favor of Dupic, finding qualified immunity, after determining the omission did not defeat probable cause.
- The court ultimately held that, even with the omitted facts, probable cause supported the warrant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did omissions about the informant defeat probable cause? | Plaintiff argues omitted facts negated probable cause. | Dupic asserts the omitted facts do not defeat probable cause when considered with the rest of the evidence. | No; probable cause remains after considering the totality. |
| If reconstructed with omitted facts, does the affidavit still establish probable cause and shield immunity? | Omission could remove probable cause, stripping immunity. | Even with omissions, reconstructed affidavit supports probable cause and immunity. | Affidavit, with omissions, still supports probable cause; immunity applies. |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (Supreme Court 1978) (deliberate falsehood or reckless disregard in warrant affidavits violates Fourth Amendment)
- Illinois v. Gates, 462 U.S. 213 (S. Ct. 1983) (totality-of-the-circumstances approach to probable cause)
- United States v. Ketzeback, 358 F.3d 987 (8th Cir. 2004) (omissions can vitiate a warrant if mislead about probable cause)
- United States v. Allen, 297 F.3d 790 (8th Cir. 2002) (reckless disregard can be inferred when omitted information is clearly critical)
- Morris v. Lanpher, 563 F.3d 399 (8th Cir. 2009) (qualified immunity if conduct was objectively reasonable)
- Hunter v. Namanny, 219 F.3d 825 (8th Cir. 2000) (recklessness may be inferred where critical information is omitted)
- Bagby v. Brondhaver, 98 F.3d 1096 (8th Cir. 1996) (deliberate falsehood in affidavit can trigger liability; corrected affidavit may still support probable cause)