Arrest Warrant for Wrong Person Example
In Berg v. Allegheny County, 219 F.3d 261 (3d Cir. 2000), cert. denied, 531 U.S. 1072, 121 S. Ct. 762, 148 L. Ed. 2d 664 (2001), an arrest warrant was mistakenly issued for the plaintiff. Id. at 266-67.
The warrant was executed by a constable who earned a fee for each person arrested. Id. at 267.
The plaintiff offered to produce documents that indicated he was no longer on parole, however, the constable refused to look at the documents. Id.
A facially valid warrant does not provide the officer qualified immunity if "reliance on it is unreasonable in light of the relevant circumstances.
Such circumstances include, but are not limited to, other information that the officer possesses or to which he has reasonable access, and whether failing to make an immediate arrest creates a public threat or danger of flight." Id. at 273.