Legal Opinion

Thompson v. Mahre

Court of Appeals for the Ninth Circuit

Decided April 7, 1997No. 94-16912PublishedCited by 44 opinions

1Opinion of the Court

KLEINFELD, Circuit Judge:

This is a qualified immunity case arising out of an early morning execution of a search warrant. Two issues arise, the procedure to be followed, and the exigency exception to the knock and announce requirement.

A. Facts.

Joseph Deshetres, whose house was the object of the search, was a member of a motorcycle gang thought by the police to be violent, and he had a substantial criminal record. The police had probable cause to believe that Deshetres had sold methamphetamine, and would have evidence of his methamphetamine dealing at his house. The search warrant affidavit…

2Cases cited20 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. Mitchell v. ForsythSupreme Court of the United States · 1985
  4. Hunter v. BryantSupreme Court of the United States · 1991
  5. Ker v. CaliforniaSupreme Court of the United States · 1963

15 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. John Benavidez v. County of San DiegoCourt of Appeals for the Ninth Circuit · 2021
  2. Rex T. KEARNEY, Jr., Plaintiff-Appellant, v. STANDARD INSURANCE COMPANY, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1999
  3. John Louis Lalonde v. County of Riverside, Robert Moquin, and Jason Horton, OpinionCourt of Appeals for the Ninth Circuit · 2000
  4. Torres v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2008
  5. Iacobucci v. Town of PembrokeCourt of Appeals for the First Circuit · 1999

39 more not listed; retrieve them via the Exa API.

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