United States Ninth Circuit

In a 42 U.S.C. section 1983 action claiming that plaintiffs were unlawfully detained during defendant-officers' search of their home, district court's partial denial of qualified immunity to defendants is reversed where, given that officers may search the home of a parolee or probationer without a warrant so long as the officers have probable cause to believe they are at the address where the parolee resides, there is no need to be concerned that a neutral magistrate had not approved the reasonableness of the compliance search.

Appellate Information

• Argued 11/21/2008
• Decided 07/30/2009
• Published 07/30/2009

Judges

• Before:  RICHARD D. CUDAHY,HARRY PREGERSON and HAWKINS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Blithe S. Bock, Deputy City Attorney (authored brief and presented oral argument), Los Angeles, CA, for the appellants.


• For Appellees:
  
• Marion R. Yagman (presented oral argument) and Stephen Yagman (authored brief), Yagman & Yagman & Reichmann, Venice Beach, CA, for the appellees.