United States Ninth Circuit

In a 42 U.S.C. section 1983 action alleging violations of plaintiffs' constitutional rights arising out of the search of their home and the arrest of plaintiffs in connection with a murder they did not commit, summary judgment for defendants is affirmed where: 1) neither of an officer's problematic representations in support of the warrant at issue was critical to the probable cause determination; 2) the issuing judge could reasonably find the information provided by a witness to be reliable under the circumstances; and 3) the language of the warrant was not overbroad.

Appellate Information

• Argued 10/06/2009
• Decided 12/09/2009
• Published 12/09/2009

Judges

• ADELMAN, District Judge:, Before:  PAMELA ANN RYMER and A. WALLACE TASHIMA, Circuit Judges, and LYNN S. ADELMAN, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Terry Gross, San Francisco, CA, for the plaintiffs-appellants.


• For Appellees:
  
• Shelley L. Green, Deputy City Attorney;  Jason R. Morrish, Deputy County Counsel, Stockton, CA, for the defendants-appellees.