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What supports an arrest warrant

Davis v. DiStefano

Updated Nov 12, 2026

In brief

Where it stands
Petition Pending

Awaiting an order on the petition

No decision timeline until the Court agrees to hear the case.

What it’s about
Mark Davis asks the Supreme Court to review an Eleventh Circuit decision that, according to his petition, upheld a warrant for his arrest at home using information not shown to the issuing judge and treated omitted facts about his intent as immaterial.
What's at stake
The Supreme Court has not yet resolved Davis’s challenge to his home arrest.

Summary: written with AI from the case record.

What it's about

Davis was arrested at home under a warrant for a misdemeanor. The district court found that the sheriff’s-records printout incorporated into the warrant application did not appear sworn, signed, or notarized.

The case is a civil-rights lawsuit challenging an arrest at Davis’s home under a misdemeanor warrant.

Question presented

1. Whether, in a Fourth Amendment action challenging an arrest made in the home under a warrant, a court may sustain the warrant on information the affiant possessed but did not present to the magistrate, or that did not exist when the warrant issued? 2. Whether facts known to a warrant affiant that bear on the mental-state element of the charged offense may be disregarded as “defenses” in the materiality inquiry required by *Franks v. Delaware*, 438 U.S. 154 (1978)?

What happens next

The Court’s next step is to decide whether to hear the case. No oral argument or decision date is scheduled.

Documents

1

Docket activity

5
  • New analysis added

    Nov 12, 2026 · Court records

  • AI analysis generated: Case Briefing

    Nov 12, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Nov 12, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Nov 12, 2026 · Court records

  • Brief added: Petition

    Oct 30, 2026 · Court records

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Nov 12, 2026Methodology

Court records and filings

Reporting and analysis