Moore v. Guerrero

(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.