United States Eighth Circuit
Lykken v. Brady, 09-3008
In an action asserting civil rights violations arising from a search of plaintiffs' farm, summary judgment for defendants is affirmed where: 1) the arrival of the officers and initial detention of plaintiffs caused plaintiffs' cattle to bolt, but it was obvious that the officers' arrival at the scene was necessary in order to execute the search warrant; and 2) the fact that probable cause existed for the search could lead a reasonable officer to suspect the occupants of the house might attempt to conceal the objects of the search if the plaintiffs were allowed unfettered access to the house.
Appellate Information
- Decided 09/21/2010
- Published 09/21/2010
Judges
- William J. Riley
Court
- United States Eighth Circuit