Phynelopha Johnson v. Shawn Myers

Summary

**Phynelopha Johnson v. Shawn Myers** – 7th Cir. 2022. **Topics:** False arrest; probable cause; arrest warrant presumption of validity; qualified immunity; hearsay in warrant applications; best evidence rule; summary judgment. **Holding:** Affirmed summary judgment for defendant officer. Plaintiff failed to rebut the presumption that a facially valid arrest warrant established probable cause; bare allegations that the officer made false statements in the warrant application, without producing the driver’s license photo or other competent evidence, were insufficient to create a genuine issue of material fact. **Key rules:** (1) A warrant creates a presumption of probable cause that can be overcome only by showing the application was so lacking in indicia of probable cause as to render official belief unreasonable, or that the officer knowingly or recklessly made false statements or omitted material facts. (2) The best evidence rule does not apply to warrant applications (Fed. R. Evid. 1101(d)(3)), and hearsay statements in a warrant application are admissible to show what the officer knew for probable cause analysis, provided the declarants are reliable. (3) Probable cause is assessed objectively based on facts known to the officer at the time of arrest, not hindsight.

Holdings

1. The district court did not abuse its discretion because the best evidence rule does not apply to warrant applications, and the statements were not hearsay or were admissible under the reliable hearsay exception for probable cause determinations.
2. Johnson failed to rebut the presumption of probable cause because she did not produce the driver's license photo or other competent evidence to show that Myers made false statements or that the warrant application lacked probable cause.

Questions Presented

1. Whether the district court abused its discretion in considering Myers's statement about the driver's license photo match and the confidential source's statements over Johnson's best evidence and hearsay objections.
2. Whether Johnson presented sufficient evidence to overcome the presumption that the arrest warrant was valid and establish a genuine issue of material fact on the false arrest claim.

Disposition

affirmed