Curt Messerschmidt et al., Petitioners v. Brenda Millender, As Executor of the Estate of Augusta Millender, Deceased, et al. (565 U.S. 535)
U.S. Supreme Court · decided February 22, 2012 · Supreme Court Database (Spaeth)
- Citation
- 565 U.S. 535 · 132 S. Ct. 1235
- Decided
- February 22, 2012
- Term
- October Term 2011
- Vote
- 6–3
- Majority author
- Justice Roberts
- Issue area
- Civil Rights
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Chief Justice Roberts delivered the opinion of the Court. Petitioner police officers conducted a search of respondents’ home pursuant to a warrant issued by a neutral Magistrate. The warrant authorized a search for all guns and gang-related material, in connection with the investigation of a known gang member for shooting at his ex-girlfriend with a pistol-gripped sawed-off shotgun, because she had “call[ed] the cops” on him. App. 56. Respondents brought an action seeking to hold the officers personally liable under 42 U. S. C. § 1983, alleging that the search violated their Fourth Amendment rights because there was not sufficient probable cause to believe the items sought were evidence of a crime. In particular, respondents argued that there was no basis to search for all guns simply because the suspect owned and had used a sawed-off shotgun, and no reason to search for gang material because the shooting at the ex-girlfriend for “calling] the cops” was solely a domestic dispute. The Court of Appeals for the Ninth Circuit held that the warrant was invalid, and that the officers were not entitled to immunity from personal liability because this invalidity was so obvious that any reasonable officer would have recognized it, despite the Magistrate’s approval. We disagree and reverse. I A Shelly Kelly decided to break off her romantic relationship with Jerry Ray Bowen and move…
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