Arrest Found To Be Supported by Probably Cause After ‘Corrected Affidavit Test’

By: Alan R. Dembiczak

adembiczak@hl-law.com

860-249-1361 Ext. 148

Ancona v. Hicks (USDC – 2017): Plaintiff, Benjamin Ancona, filed suit against Coventry Police Detective Michael Hicks claiming that he violated Plaintiff’s Fourth Amendment rights when he arrested Plaintiff pursuant to an arrest warrant on the charge that he conspired with a convicted sex offender to violate his registration requirements. Specifically, Plaintiff claimed the warrant included false information, which had it not been included, would have negated probable case. Defendant moved for summary judgment as to all claims in the Plaintiff’s complaint. After performing the “corrected affidavit test,” whereby the Court removed any alleged “false” information and included any alleged “omitted” information, it still found that the arrest was supported by probable cause. The Court also found that the officer was entitled to qualified immunity, and granted summary judgment in its entirety.