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Civil Rights — qualified immunity

By: WISCONSIN LAW JOURNAL STAFF//February 22, 2012//

Civil Rights — qualified immunity

By: WISCONSIN LAW JOURNAL STAFF//February 22, 2012//

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U.S. Supreme Court

Civil

Civil Rights — qualified immunity

An officer who obtained a search warrant for all firearms and firearm-related materials is entitled to qualified immunity from a section 1983 suit, where the plaintiff fired a sawed-off shotgun at his ex-girlfriend.

It would not be entirely unreasonable for an officer to believe that there was probable cause to search for all firearms and firearm-related materials. Under the circumstances set forth in the warrant, an officer could reasonably conclude that there was a “fair probability” that the sawed-off shotgun was not the only firearm Bowen owned, Illinois v. Gates, 462 U. S. 213, and that Bowen’s sawed-off shotgun was illegal. Cf. 26 U. S. C. §§ 5845(a), 5861(d). Given Bowen’s possession of one illegal gun, his gang membership, willingness to use the gun to kill someone, and concern about the police, it would not be unreasonable for an officer to conclude that Bowen owned other illegal guns. An officer also could reasonably believe that seizure of firearms was necessary to prevent further assaults on Kelly. California law allows a magistrate to issue a search warrant for items “in the possession of any person with the intent to use them as a means of committing a public offense,” Cal. Penal Code Ann. §1524(a)(3), and the warrant application submitted by the officers specifically referenced this provision as a basis for the search.

620 F. 3d 1016, reversed.

10-704 Messerschmidt v. Millender

Roberts, C. J.; Breyer, J., concurring; Sotomayor, J.

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