Despite mounting public pressure to file criminal charges nearly five months after Breonna Taylor's death, prosecutors may face significant obstacles to bringing homicide-related charges against police officers who were shot at when sent to her house with a warrant, legal experts said. Taylor, a
1 / 3Sun Lynx BasketballMinnesota Lynx players lock arms during a moment of silence in honor of Breonna Taylor before a WNBA basketball game against the Connecticut Sun, Sunday, July 26, 2020, in Bradenton, Fla. LOUISVILLE, Ky.
“It’s a tough issue. He has to figure out whether there’s probable cause to believe that there was an unreasonable use of force” by the officers, said Christopher Slobogin, director of the criminal justice program at Vanderbilt University. Slobogin said attorneys for the officers would certainly raise the warrant as a defense in a criminal case.
The warrant they were carrying has come under scrutiny, and the police lieutenant who sought it, Joshua Jaynes, has been placed on administrative leave during the investigation. Attorneys for Taylor's family said it was based on erroneous information that a drug dealer was sending packages to Taylor's apartment.
Marcosson and Slobogin said if the warrant were proven to be obtained fraudulently, the officers would have had to be aware of that, another difficult legal hurdle. Sam Aguiar, an attorney for Taylor’s family who is suing the three officers, said the police shot an innocent person.
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