Moore v. Guerrero
Petition for certiorari denied on March 26, 2012| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-677 | 4th Cir. | N/A | N/A | N/A | N/A | OT 2011 |
Issue: (1) Whether, if a magistrate receives a sworn complaint, finds probable cause to believe a crime has been committed, but issues a criminal summons in lieu of an arrest warrant, the Fourth Amendment prohibits a police officer from serving the summons on the accused in the same manner as a warrant; and, if so, (2) whether such law was clearly established in November 2007, given that no federal court had ever issued such a ruling, and several state laws specifically allow criminal summonses to be served in the same manner as warrants; and, (3) if such law was not clearly established, whether petitioner-defendant Moore is entitled to qualified immunity from suits arising out of his service of a criminal summons.
