Ohio State Journal of Criminal Law

OSJCL Amici Board of Advisors

OSJCL Amici: Views from the Field

Pearson v. Callahan

Civil Rights action arising out of a police raid of Callahan. The issue is that Callahan sued police following raid, alleging 4th amendment violation, since search of his residence was done without a warrant and only through the information of an undercover informant. The United States District Court originally ruled in favor of summary judgment, holding that the officers were entitled to qualified immunity based on reasonable belief. The 10th Circuit overruled this decision, holding that the officers couldn’t have reasonably believed the consent once removed doctrine applied to informants, and as a result no immunity should be granted. The Supreme Court granted certiorari, and also granted petition to review the Courts decision in Saucier v. Katz to determine if it should be overruled.



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