United States Ninth Circuit

In a Section 1983 action involving a Monell claim and arising from the illegal seizure of evidence of child pornography from the plaintiff's home computer on a lawfully-executed but invalid warrant, judgment of the district court is affirmed where the officers involved in the proscribed seizure enjoy qualified immunity even though a search warrant issued to search a suspect's computer and electronic equipment lacks probable cause when: 1) no evidence of possession or attempt to possess child pornography was submit ted to the issuing magistrate; 2) no evidence was submitted to the magistrate regarding computer or electronics use by the suspect; and 3) the only evidence linking the suspect’s attempted child molestation to possession of child pornography is the experience of the requesting police officer, with no further explanation.

Appellate Information

• Decided 08/16/2011
• Published 08/16/2011

Judges

• N. R. SMITH

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Gary S. Casselman, Mary A. Pendergrass