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Chicago Sun-Times
Chicago Sun-Times
National
Jacob Sullum

When cops invent facts to get search warrants, consequences can be deadly

A woman writes a message on the street in chalk during a Breonna Taylor memorial protest near Jefferson Square Park on March 13, 2021 in Louisville, Kentucky. (Jon Cherry/Getty Images)

According to a federal indictment unsealed last week, Breonna Taylor, a 26-year-old EMT and aspiring nurse who was killed during a 2020 drug raid in Louisville, Kentucky, died because a cop lied. According to a 2019 federal indictment, the same is true of Dennis Tuttle and Rhogena Nicholas, a middle-aged couple killed during a drug raid in Houston that year.

When police officers invent facts to obtain search warrants, they are committing crimes, violating the Fourth Amendment and instigating potentially lethal confrontations without a legal basis. Although outright lies may be difficult to detect in advance, more rigorous judicial review of police affidavits could have made a crucial difference in both of these cases.

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