Smith v. Munday, No. 15-1092

CourtUnited States Courts of Appeals. United States Court of Appeals (4th Circuit)
Writing for the CourtGREGORY, Chief Judge
Citation848 F.3d 248
Parties April SMITH, Plaintiff-Appellant, v. Jason MUNDAY ; Charles McGinley; Brian Greene; Rodney Jordan; City of Lincolnton; Lincolnton Police Department ; John Doe; Jane Doe, Defendants-Appellees, and Rufus Lynch; Mark Lesassier, Defendants. April Smith, Plaintiff-Appellant, v. Jason Munday ; Charles McGinley; Brian Greene; Rodney Jordan; City of Lincolnton; Lincolnton Police Department ; Mark Lesassier; John Doe; Jane Doe, Defendants-Appellees, and Rufus Lynch, Defendant.
Docket Number No. 15-1496,No. 15-1092
Decision Date03 February 2017
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123 practice notes
  • United States v. Brinkley, No. 18-4455
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • November 13, 2020
    ...more. That is almost always true. But we do not require officers to "exhaust every potential avenue for investigation." Smith v. Munday , 848 F.3d 248, 261 (4th Cir. 2017) ( quoting Wadkins v. Arnold , 214 F.3d 535, 543 (4th Cir. 2000) (If officers "could have been more thorough, or even [i......
  • Hupp v. State Trooper Seth Cook, No. 18-1845
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • July 25, 2019
    ...a probable cause finding are in dispute. "Probable cause is determined by a ‘totality-of-the-circumstances’ approach." Smith v. Munday , 848 F.3d 248, 253 (4th Cir. 2017) (citing Illinois v. Gates , 462 U.S. 213, 230, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983) ). The inquiry "turns on two factor......
  • White v. City of Burlington, 1:18-cv-00969
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • September 30, 2019
    ...when the officers are unaware of the lack of a factual basis for the warrant, no constitutional violation occurs. Smith v. Munday, 848 F.3d 248, 257, 257 n.3 (4th Cir. 2017). White has not alleged that the Greensboro Search Officers had any knowledge of that fact. He makes no claim regardin......
  • Hines v. Johnson, 1:19CV515
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • March 30, 2020
    ...City, 866 F.3d 546, 555 (4th Cir. 2017) (quoting Brooks v. City of Winston-Salem, 85 F.3d 178, 182 (4th Cir. 1996)); see Smith v. Munday, 848 F.3d 248, 257 (4th Cir. 2017) ("[A] claim for malicious prosecution alleges that an arrest made pursuant to a warrant lacked probable cause."). "Such......
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123 cases
  • United States v. Brinkley, No. 18-4455
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • November 13, 2020
    ...more. That is almost always true. But we do not require officers to "exhaust every potential avenue for investigation." Smith v. Munday , 848 F.3d 248, 261 (4th Cir. 2017) ( quoting Wadkins v. Arnold , 214 F.3d 535, 543 (4th Cir. 2000) (If officers "could have been more thorough, or even [i......
  • Hupp v. State Trooper Seth Cook, No. 18-1845
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • July 25, 2019
    ...a probable cause finding are in dispute. "Probable cause is determined by a ‘totality-of-the-circumstances’ approach." Smith v. Munday , 848 F.3d 248, 253 (4th Cir. 2017) (citing Illinois v. Gates , 462 U.S. 213, 230, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983) ). The inquiry "turns on two factor......
  • White v. City of Burlington, 1:18-cv-00969
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • September 30, 2019
    ...when the officers are unaware of the lack of a factual basis for the warrant, no constitutional violation occurs. Smith v. Munday, 848 F.3d 248, 257, 257 n.3 (4th Cir. 2017). White has not alleged that the Greensboro Search Officers had any knowledge of that fact. He makes no claim regardin......
  • Hines v. Johnson, 1:19CV515
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • March 30, 2020
    ...City, 866 F.3d 546, 555 (4th Cir. 2017) (quoting Brooks v. City of Winston-Salem, 85 F.3d 178, 182 (4th Cir. 1996)); see Smith v. Munday, 848 F.3d 248, 257 (4th Cir. 2017) ("[A] claim for malicious prosecution alleges that an arrest made pursuant to a warrant lacked probable cause."). "Such......
  • Request a trial to view additional results

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