What supports an arrest warrant
Davis v. DiStefano
In brief
- Where it stands
- Petition Pending
Awaiting an order on the petition
- 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
Docket activity
New analysis added
AI analysis generated: Case Briefing
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Brief added: Petition
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.