Vol. 39 No. 11 THE PRESENCE OF PROBABLE CAUSE FOR ONE CHARGE IN A CRIMINAL PROCEEDING DOES NOT CATEGORICALLY DEFEAT A FOURTH AMENDMENT MALICIOUS-PROSECUTION CLAIM RELATING TO ANOTHER, BASELESS CHARGE
In Chiaverini v. City of Napoleon,[1] the Supreme Court of the United States vacated a Circuit Court’s holding that a Fourth Amendment malicious-prosecution claim may not succeed when a baseless charge brought by a government official is accompanied by a valid charge. The high court held instead that any valid charges do not insulate the […]