Legal Opinion
Dougherty v. City of Covina
Court of Appeals for the Ninth Circuit
Decided August 16, 2011No. 09-56395PublishedCited by 843 opinions
1Opinion of the Court
Opinion by Judge N.R. SMITH; Concurrence by Judge BREWSTER.
OPINION
N.R. SMITH, Circuit Judge:
Under the totality of the circumstances, a search warrant issued to search a suspect’s home computer and electronic equipment lacks probable cause when (1) no evidence of possession or attempt to possess child pornography was submitted to the issuing magistrate; (2) no evidence was submitted to the magistrate regarding computer or electronics use by the suspect; and (3) the only evidence linking the suspect’s attempted child molestation to possession of child pornography is the experience of the…
2Cases cited21 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Illinois v. GatesSupreme Court of the United States · 1983
- Pearson v. CallahanSupreme Court of the United States · 2009
16 more not listed; retrieve them via the Exa API.
3Cited by843 opinions
- Raymond Watison v. Mary CarterCourt of Appeals for the Ninth Circuit · 2012
- Karim Khoja v. Orexigen Therapeutics, Inc.Court of Appeals for the Ninth Circuit · 2018
- Laurie Tsao v. Desert Palace, Inc.Court of Appeals for the Ninth Circuit · 2012
- John Benavidez v. County of San DiegoCourt of Appeals for the Ninth Circuit · 2021
- Kathleen Sonner v. Premier Nutrition Corp.Court of Appeals for the Ninth Circuit · 2020
838 more not listed; retrieve them via the Exa API.