John Bailey successfully defends local municipality in trial before the United States District Court for the Northern District of New York.
- Jun. 22, 2015
- Municipal Law
John W. Bailey received a “No Cause of Action” verdict in the United States District Court for the Northern District of New York on behalf of his client who is a law enforcement officer for a local municipality.
Plaintiff commenced the lawsuit alleging that the Defendant law enforcement officer illegally obtained a search warrant to search Plaintiff’s residence. Plaintiff’s residence was one of four that had been searched based on a warrant application submitted by the Defendant law enforcement officer. The warrant application was based, in part, on information received from a confidential informant as well as controlled buys performed by the informant for local law enforcement. Plaintiff claimed that the Defendant law enforcement officer intentionally and/or recklessly omitted and misrepresented information contained in the warrant application; therefore, negating the probable cause basis for the search warrant.
At trial, Mr. Bailey argued that the Defendant law enforcement officer acted reasonably and did not intentionally or recklessly mislead the Court when the officer requested the warrant for Plaintiff’s residence. Mr. Bailey further argued that the information contained in the warrant application was factually accurate and provided a sufficient and legal probable cause basis to believe that there was drug activity occurring at Plaintiff’s residence thereby supporting the issuance of a warrant.
At the conclusion of a two week trial, the jury issued a “No Cause of Action” verdict in support of the Defendant law enforcement officer finding that there was probable cause supporting the search of Plaintiff’s residence.