Thompson v. Mahre
Court of Appeals for the Ninth Circuit
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
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Anderson v. CreightonSupreme Court of the United States · 1987
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Hunter v. BryantSupreme Court of the United States · 1991
- Ker v. CaliforniaSupreme Court of the United States · 1963
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3Cited by44 opinions
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- Torres v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2008
- Iacobucci v. Town of PembrokeCourt of Appeals for the First Circuit · 1999
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