United States First Circuit

Summary judgment for police officers in a Bivens action alleging violations of plaintiffs' Fourth Amendment rights in the execution of a search warrant is affirmed where: 1) defendants were entitled to qualified immunity; 2) the Constitution does not require the searching officer to serve the search warrant before commencing the search; and 3) any deviation from the time for execution specified in the warrant was de minimis.

Appellate Information

• Decided 11/14/2006
• Published 11/14/2006

Judges

• SCHWARZER, Senior District Judge., Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, and SCHWARZER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Javier A. Morales Ramos, on brief for appellants.


• For Appellees:
  
• Fidel A. Sevillano Del Rio, Assistant United States Attorney, H.S. Garcia, United States Attorney, and Miguel A. Fernandez, Assistant United States Attorney, on brief for appellees.