Burns v. Reed

Justice Scalia,

with whom Justice Blackmun joins, and with whom Justice Marshall joins as to Part III, concurring in the judgment in part and dissenting in part.

I concur in the judgment as to the issues the Court reaches: I agree that a prosecutor has absolute immunity for eliciting *497false statements in a judicial hearing, and that he has only qualified immunity for giving legal advice to police officers. I write separately because I think petitioner also makes a claim, which we ought to consider, that a constitutional violation occurred in the prosecutor’s initiation of the search warrant…