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Old March 23, 2012, 07:55 AM   #76
Spats McGee
Join Date: July 28, 2010
Location: Arkansas
Posts: 5,590
Originally Posted by btmj
As was mentioned earlier, we are not talking about split second decissions. We are talking about defective / negligent planning, or negligent strategy. . . .
True. That being the case, a potential plaintiff is probably looking at something even stronger than qualified immunity. If the affidavit in support of the warrant is reviewed and signed off on by the prosecuting attorney, who is entitled to prosecutorial immunity. The judge who signs the warrant is entitled to judicial immunity. Qualified immunity is just that, qualified. Judicial and prosecutorial immunities are absolute immunities, giving prosecutors and judges immunity for any actions they take in those respective roles.
I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.
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