Is a Police Officer Who Initiates a Baseless Criminal Charge That Causes an Unreasonable Seizure Liable for a Fourth Amendment Violation if the Officer Also Had a Separate, Valid Charge Based on Probable Cause?

Jascha Chiaverini managed a jewelry store in Napoleon, Ohio. He purchased jewelry items that turned out to be stolen. After some back-and-forth with the police and the owners, Chiaverini refused to return the jewelry to the owners. One of the officers involved prepared and signed a probable cause affidavit and applied for search and arrest warrants. The officer also signed criminal complaints charging Chiaverini with receiving stolen property, violations of the Ohio Precious Metals Dealers Act, and money laundering. Officers then searched Chiaverini’s store, seized certain property, and arrested Chiaverini. Prosecutors later declined to pursue the charges, and Chiaverini sued the officers and the city, alleging several constitutional violations, including a claim that the officers initiated the money-laundering charge without probable cause, leading to Chiaverini’s unlawful arrest and detention—a “malicious-prosecution” claim. Chiaverini argued that the officers lacked probable cause with respect to the money-laundering charge, the only felony among the three charges. [ABSTRACT FROM AUTHOR]