advocate

A five-to-four majority also held that the alleged fabrication of evidence was not advocatory and, thus, not deserving of absolute immunity.

109) Conversely, a prosecutor will have absolute immunity when acting in an advocatory capacity in preparation for the prosecution or for trial itself, including the professional evaluation of evidence collected by police officers and the preparation of that evidence for presentation at trial.

Where a prosecutor performs advocatory functions not intimately associated with the judicial process, the Court looks to the common law of 1871 and weighs the Imbler policy considerations to determine whether to extend absolute immunity to the prosecutor.

195) Burns concluded that a prosecutor's provision of legal advice to the police, although advocatory, was not so "`intimately associated with the judicial phase of the criminal process'" that it deserved absolute prosecutorial immunity.

In Kalina, the Court examined what the prosecutor asserted was advocatory conduct--attesting to facts to support a finding of probable cause--and distinguished the preparation of the affidavit from its actual execution.

Although the Court did not explicitly identify attesting as being beyond the scope of a prosecutor's advocatory duties, it has done so implicitly.