A finding of probable cause does not automatically trigger absolute immunity

Genzler v. Longanbach (9th Cir.) 410 F.3d 630:

"The analysis of whether prosecutorial acts constitute advocacy or police-type investigative work is complicated by the fact that the Supreme Court has resisted any attempt to draw a bright-line between the two. In Buchanan [miscited - this is Buckley], the court noted that '[a] prosecutor neither is, nor should consider himself to be, an advocate before he has probable cause to have anyone arrested.' 509 U.S. at 274, 113 S.Ct. 2606. This might suggest that once probable cause is present, or once an arrest has been made, a prosecutor assumes an advocacy-related role and enjoys absolute immunity. However, in a note appended to the quoted passage, the Court rejected this approach, explaining that 'a determination of probable cause does not guarantee a prosecutor absolute immunity for liability for all actions taken afterwards. Even after that determination ... a prosecutor may engage in `police investigative work' that is entitled to only qualified immunity.' Id. at 274 n. 5, 113 S.Ct. 2606."