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Messerschmidt v. Millender, 10-704

In a suit under 42 USC section 1983 alleging that the plaintiffs were subjected to an unreasonable search in violation of the Fourth Amendment because the warrant authorizing the search of their home was not supported by probable cause, the Ninth Circuit's denial of qualified immunity to defendant police officers is reversed, where: 1) an officer could reasonably have believed that the scope of the warrant was supported by probable cause; and 2) any arguable defect would have become apparent only upon a close parsing of the warrant application and a comparison of the supporting affidavit to the terms of the warrant to determine whether the affidavit established probable cause to search for all the items listed in the warrant.

Appellate Information

  • Decided 02/22/2012
  • Published 02/22/2012


  • Roberts


  • United States Supreme Court