pearson et al callahan argued october decided january utah appeals vacated respondent conviction possession distribution drugs sold undercover informant voluntarily admitted house brought damages action federal alleging petitioners officers supervised conducted warrantless search premises led arrest sale violated fourth amendment district granted summary judgment favor officers noting courts adopted doctrine permits warrantless police entry home consent enter already granted undercover officer observed contraband plain view concluded officers entitled qualified immunity reasonably believed doctrine authorized conduct following procedure mandated saucier katz tenth circuit held petitioners entitled qualified immunity disapproved broadening doctrine situations person granted initial consent undercover officer merely informant held fourth amendment right free one home unreasonable searches arrests clearly established time respondent arrest determined clearly established precedents warrantless entries home per se unreasonable unless satisfy one two established exceptions consent exigent circumstances concluded petitioners reasonably believed conduct lawful knew warrant respondent consented entry consent entry informant reasonably interpreted extend granting certiorari directed parties address whether saucier overruled light widespread criticism directed held saucier procedure regarded inflexible requirement pp saucier mandated see sequence resolving government officials qualified immunity claims must decide whether facts alleged shown plaintiff make violation constitutional right whether right clearly established time defendant alleged misconduct qualified immunity applies unless official conduct violated right anderson creighton pp stare decisis prevent determining whether saucier procedure modified abandoned revisiting precedent particularly appropriate departure upset settled expectations see gaudin precedent consists rule adopted improve operations statute promulgated congress see state oil khan precedent questioned members th later decisions defied consistent application lower courts payne tennessee respondent argument saucier reconsidered unless concludes badly reasoned rule proved unworkable see payne supra rejected standards place present context considerable body new experience supports determination mandatory rule resolving qualified immunity claims retained pp reconsideration saucier procedure demonstrates sequence set forth therein often appropriate longer regarded mandatory cases pp continues recognize saucier protocol often beneficial cases discussion relevant facts violate clearly established law may make apparent fact relevant facts make constitutional violation saucier correct noting procedure promotes development constitutional precedent especially valuable questions frequently arise cases qualified immunity defense unavailable see pp ii nevertheless experience lower federal courts pointed rigid saucier procedure shortcomings example may result substantial expenditure scarce judicial resources difficult questions effect case outcome waste parties resources forcing assume costs litigating constitutional questions endure delays attributable resolving questions suit otherwise disposed readily moreover although procedure first prong intended development constitutional precedent opinions following procedure often fail make meaningful contribution development appeals decision issued opinion marked precedential qualified immunity asserted pleading stage answer whether violation may depend kaleidoscope facts yet fully developed first step may create risk bad decisionmaking briefing constitutional questions woefully inadequate application saucier rule also may make hard affected parties obtain appellate review constitutional decisions serious prospective effect operations example holds defendant committed constitutional violation holds violation clearly established defendant winning party may right appeal adverse constitutional holding challenged rigid adherence saucier departs general rule constitutional avoidance scott harris may appropriately decline mandate order decision lower courts must follow see strickland washington flexibility properly reflects respect lower federal courts saucier procedure often always advantageous judges best position determine order decisionmaking best facilitate fair efficient disposition case pp iii misgivings concerning today decision unwarranted prevent lower courts following saucier simply recognizes discretion decide whether procedure worthwhile particular cases moreover retard development constitutional law result proliferation damages claims local governments spawn new litigation standards deciding whether reach particular case merits pp petitioners entitled qualified immunity clearly established time search conduct unconstitutional entry occurred doctrine accepted two state courts three federal courts appeals one latter issued contrary decision petitioners entitled rely cases even though federal circuit yet ruled entries see wilson layne pp reversed alito delivered opinion unanimous cordell pearson et petitioners afton callahan writ certiorari appeals tenth circuit january justice alito delivered opinion action brought respondent rev stat state law enforcement officers conducted warrantless search house incident arrest sale methamphetamine undercover informant voluntarily admitted premises appeals held petitioners entitled summary judgment qualified immunity grounds following procedure mandated saucier katz appeals held first respondent adduced facts sufficient make violation fourth amendment second unconstitutionality officers conduct clearly established granting review required parties address additional question whether mandatory procedure set saucier retained hold saucier procedure regarded inflexible requirement petitioners entitled qualified immunity ground clearly established time search conduct unconstitutional therefore reverse central utah narcotics task force charged investigating illegal drug use sales brian bartholomew became informant task force charged unlawful possession methamphetamine informed officer jeffrey whatcott respondent afton callahan arranged sell bartholomew methamphetamine later day evening bartholomew arrived respondent residence bartholomew went inside confirmed respondent methamphetamine available sale bartholomew told respondent needed obtain money make purchase left bartholomew met members task force told able buy gram methamphetamine concluding bartholomew capable completing planned purchase officers searched determined controlled substances person gave marked bill concealed electronic transmitter monitor conversations agreed signal give completing purchase officers drove bartholomew respondent trailer home respondent daughter let inside respondent retrieved large bag containing methamphetamine freezer sold bartholomew gram methamphetamine put small plastic bag bartholomew gave arrest signal officers monitoring conversation entered trailer porch door enclosed porch officers encountered bartholomew respondent two persons saw respondent drop plastic bag later determined contained methamphetamine officers conducted protective sweep premises addition large bag methamphetamine officers recovered marked bill respondent small bag containing methamphetamine bartholomew found drug syringes residence result respondent charged unlawful possession distribution methamphetamine trial held warrantless arrest search supported exigent circumstances respondent appeal conviction utah attorney general conceded absence exigent circumstances urged inevitable discovery doctrine justified introduction fruits warrantless search utah appeals disagreed vacated respondent conviction see state callahan lit app respondent brought damages action district district utah alleging officers violated fourth amendment entering home without warrant see callahan millard wl granting officers motion summary judgment district noted courts adopted doctrine permits warrantless entry police officers home consent enter already granted undercover officer informant observed contraband plain view believing doctrine tension intervening decision georgia randolph district concluded simplest approach assume ultimately reject doctrine find searches one case reasonable fourth amendment wl held officers entitled qualified immunity reasonably believed doctrine authorized conduct appeal divided panel tenth circuit held petitioners conduct violated respondent fourth amendment rights callahan millard panel majority stated doctrine applies undercover officer enters house express invitation someone authority consent establishes probable cause arrest search immediately summons officers assistance majority took issue application doctrine initial consent granted undercover law enforcement officer majority disagreed decisions broade doctrine grant informants capabilities undercover officers ibid tenth circuit panel held fourth amendment right recognized clearly established time respondent arrest case majority stated relevant right right free one home unreasonable searches arrests determined clearly established precedents tenth circuit warrantless entries home per se unreasonable unless satisfy established exceptions panel words tenth circuit clearly established allow police entry home two exceptions warrant requirement consent exigent circumstances backdrop panel concluded petitioners reasonably believed conduct lawful petitioners knew warrant respondent consented entry respondent consent entry informant reasonably interpreted extend ibid dissent judge kelly argued constitutional violation occurred case inviting bartholomew house participating narcotics transaction respondent compromised privacy residence assumed risk bartholomew reveal dealings police judge kelly concluded even petitioners conduct unlawful nevertheless entitled qualified immunity constitutional right issue right free warrantless entry police officers one home effectuate arrest one granted voluntary consensual entry confidential informant undertaken criminal activity giving rise probable cause clearly established time events question noted appeals followed saucier procedure saucier procedure criticized members lower judges required apply procedure great variety cases thus much firsthand experience bearing advantages disadvantages accordingly granting certiorari directed parties address question whether saucier overruled ii doctrine qualified immunity protects government officials liability civil damages insofar conduct violate clearly established statutory constitutional rights reasonable person known harlow fitzgerald qualified immunity balances two important interests need hold public officials accountable exercise power irresponsibly need shield officials harassment distraction liability perform duties reasonably protection qualified immunity applies regardless whether government official error mistake law mistake fact mistake based mixed questions law fact groh ramirez kennedy dissenting citing butz economou noting qualified immunity covers mere mistakes judgment whether mistake one fact one law qualified immunity immunity suit rather mere defense liability effectively lost case erroneously permitted go trial mitchell forsyth emphasis deleted indeed made clear driving force behind creation qualified immunity doctrine desire ensure claims government officials resolved prior discovery anderson creighton accordingly repeatedly stressed importance resolving immunity questions earliest possible stage litigation hunter bryant per curiam saucier mandated sequence resolving government officials qualified immunity claims first must decide whether facts plaintiff alleged see fed rules civ proc shown see rules make violation constitutional right second plaintiff satisfied first step must decide whether right issue clearly established time defendant alleged misconduct ibid qualified immunity applicable unless official conduct violated clearly established constitutional right anderson supra decisions prior saucier held better approach resolving cases defense qualified immunity raised determine first whether plaintiff alleged deprivation constitutional right county sacramento lewis saucier made suggestion mandate first time held whether facts alleged show officer conduct violated constitutional right must initial inquiry every qualified immunity case emphasis added completing first step said may turn next sequential step namely whether right clearly established ibid procedure saucier reasoned necessary support constitution elaboration case case prevent constitutional stagnation ibid law might deprived explanation simply skip ahead question whether law clearly established officer conduct unlawful circumstances case ibid considering whether saucier procedure modified abandoned must begin doctrine stare decisis stare decisis promotes evenhanded predictable consistent development legal principles fosters reliance judicial decisions contributes actual perceived integrity judicial process payne tennessee although approach reconsideration decisions utmost caution tare decisis inexorable command state oil khan internal quotation marks omitted revisiting precedent particularly appropriate departure upset expectations precedent consists rule recently adopted improve operation courts experience pointed precedent shortcomings considerations favor stare decisis acme cases involving property contract rights reliance interests involved opposite true cases involving procedural evidentiary rules produce reliance payne supra citations omitted like rules governing procedures admission evidence trial courts saucier protocol affect way parties order affairs withdrawing saucier categorical rule upset settled expectations anyone part see gaudin matter implicate general presumption legislative changes left congress khan supra recognize considerations stare decisis weigh heavily area statutory construction congress free change interpretation legislation illinois brick illinois saucier rule judge made implicates important matter involving internal judicial branch operations change come congress respondent argues saucier procedure reconsidered unless conclude justification badly reasoned rule proved unworkable see payne supra standards appropriate constitutional statutory precedent challenged place present context basis nature saucier protocol sufficient considerable body new experience consider regarding consequences requiring adherence inflexible procedure experience supports present determination mandatory rule resolving qualified immunity claims retained lower judges task applying saucier rule regular basis past eight years reticent criticism saucier rigid order battle see purtell mason order battle criticized practical procedural substantive grounds leval judging constitution dicta dicta rev referring saucier mandatory framework new mischievous rule amounts puzzling misadventure constitutional dictum application rule always enthusiastic see higazy templeton reach issue whether plaintiff sixth amendment rights violated principles judicial restraint caution us avoid reaching constitutional questions unnecessary disposition case cherrington skeeter ultimately unnecessary us decide whether individual defendants heed fourth amendment command entitled qualified immunity event pearson ramos whether saucier rule absolute may doubted members also voiced criticism saucier rule see morse frederick slip breyer concurring judgment part dissenting part end failed saucier experiment bunting mellen stevens joined ginsburg breyer respecting denial certiorari criticizing unwise rule courts must decide whether plaintiff alleged constitutional violation addressing question whether defendant state actor entitled qualified immunity scalia joined rehnquist dissenting denial certiorari either make clear constitutional determinations insulated review else drop pretense requiring ordering every case emphasis original brosseau haugen breyer joined scalia ginsburg concurring urging reconsider saucier rigid battle requires courts unnecessarily decide difficult constitutional questions available easier basis decision qualified immunity satisfactorily resolve case saucier ginsburg concurring judgment test today decision imposes holds large potential confuse decision questioned members later decisions defied consistent application lower courts factors weigh favor reconsideration payne see also crawford washington collectively factors noted make present reevaluation saucier protocol appropriate iii reconsidering procedure required saucier conclude sequence set forth often appropriate longer regarded mandatory judges district courts courts appeals permitted exercise sound discretion deciding two prongs qualified immunity analysis addressed first light circumstances particular case hand although hold saucier protocol regarded mandatory cases continue recognize often beneficial one thing cases little conservation judicial resources beginning ending discussion clearly established prong often may difficult decide whether right clearly established without deciding precisely constitutional right happens lyons xenia sutton concurring cases discussion relevant facts violate clearly established law may make apparent fact relevant facts make constitutional violation addition saucier certainly correct noting procedure promotes development constitutional precedent especially valuable respect questions frequently arise cases qualified immunity defense unavailable time however rigid saucier procedure comes price procedure sometimes results substantial expenditure scarce judicial resources difficult questions effect outcome case cases plain constitutional right clearly established far obvious whether fact right district courts courts appeals heavy caseloads often understandably unenthusiastic may seem essentially academic exercise unnecessary litigation constitutional issues also wastes parties resources qualified immunity immunity suit rather mere defense liability mitchell emphasis deleted saucier protocol disserve purpose qualified immunity forces parties endure additional burdens suit costs litigating constitutional questions delays attributable resolving suit otherwise disposed readily brief nat assn criminal defense lawyers amicus curiae although first prong saucier procedure intended development constitutional precedent opinions following procedure often fail make meaningful contribution development one thing cases constitutional question decision provides little guidance future cases see scott harris breyer concurring counseling saucier protocol question fact dependent result confusion rather clarity buchanan maine think law elaboration purpose well served fourth amendment inquiry involves reasonableness question highly idiosyncratic heavily dependent facts decision underlying constitutional question damages action bivens six unknown fed narcotics agents action may scant value appears question soon decided higher presented constitutional question granted certiorari ninth circuit elected bypass saucier first step decide whether alleged right clearly established motley parks en banc similar considerations may come play appeals panel confronts constitutional question pending en banc district encounters constitutional question appeals constitutional decision resting uncertain interpretation state law also doubtful precedential importance result several courts identified exception saucier rule cases resolution constitutional question requires clarification ambiguous state statute egolf witmer accord tremblay mcclellan ehrlich glastonbury justifying decision grant qualified immunity defendant without first resolving saucier first prong whether defendant conduct violated constitution courts observed saucier underlying principle encouraging federal courts decide unclear legal questions order clarify law future meaningfully advanced definition constitutional rights depends federal uncertain assumptions state law egolf supra accord tremblay supra ehrlich supra qualified immunity asserted pleading stage precise factual basis plaintiff claim claims may hard identify see lyons supra sutton concurring kwai fun wong mollica volker accordingly several courts recognized inquiry uncomfortable exercise answer whether violation may depend kaleidoscope facts yet fully developed suggested may saucier strictly intended cover situation dirrane brookline police see also robinette jones declining follow saucier parties provided facts define limit holding constitutional question circumstances first step saucier procedure may create risk bad decisionmaking lower courts sometimes encounter cases briefing constitutional questions woefully inadequate see lyons sutton concurring noting risk constitutional questions may prematurely incorrectly decided cases well presented mollica supra although saucier rule prescribes sequence issues must discussed opinion rule obviously specify sequence judges reach conclusions internal thought processes thus cases rather quickly easily decide violation clearly established law turning difficult question whether relevant facts make constitutional question situations risk may devote much care circumstances decision constitutional issue see horne coughlin judges risk insufficiently thoughtful cautious uttering pronouncements play role adjudication leval rigid adherence saucier rule may make hard affected parties obtain appellate review constitutional decisions may serious prospective effect operations holds defendant committed constitutional violation violation clearly established defendant may face difficult situation winning party defendant right appeal adverse holding constitutional question may contested see bunting scalia dissenting denial certiorari perception unreviewability undermines adherence sequencing rule created saucier see also kalka hawk cadc noting ormally party may appeal favorable judgment apparently never granted certiorari petition party prevailed appellate cases like bunting prevailing defendant faces unenviable choice compl lower advisory dictum without opportunity seek appellate certiorari review def views lower adher practices declared illegal thus invit new suits potential punitive damages horne supra adherence saucier protocol departs general rule constitutional avoidance runs counter older wiser judicial counsel pass questions constitutionality unless adjudication unavoidable scott breyer concurring quoting spector motor service mclaughlin see ashwander tva brandeis concurring pass upon constitutional question although properly presented record also present ground upon case may disposed analogous contexts appropriately declined mandate order decision lower courts must follow example strickland washington recognized test determining whether criminal defendant denied effective assistance counsel defendant must demonstrate counsel performance fell expected reasonably competent practitioner prejudiced substandard performance setting forth applying analytical framework courts must use evaluating claims ineffective assistance counsel left sound discretion lower courts determine order decision although discussed performance component ineffectiveness claim prior prejudice component reason deciding ineffective assistance claim approach inquiry order even address components inquiry defendant makes insufficient showing one leon created exception exclusionary rule officers reasonably rely facially valid search warrant context recognized defendant challenging search lose either warrant issued supported probable cause officers executing reasonably believed setting forth applying analytical framework courts must use evaluating exception fourth amendment warrant requirement left sound discretion lower courts determine order decision need courts adopt inflexible practice always deciding whether officers conduct manifested objective good faith turning question whether fourth amendment violated flexibility properly reflects respect lower federal courts bear brunt adjudicating cases saucier procedure often always advantageous judges district courts courts appeals best position determine order decisionmaking best facilitate fair efficient disposition case misgivings concerning decision withdraw mandate set forth saucier unwarranted decision prevent lower courts following saucier procedure simply recognizes courts discretion decide whether procedure worthwhile particular cases moreover development constitutional law means entirely dependent cases defendant may seek qualified immunity constitutional issues presented damages actions bivens cases also arise cases defense available criminal cases cases municipality well cases individuals injunctive relief sought instead addition damages see lewis noting qualified immunity unavailable suit enjoin future conduct action municipality litigating suppression motion also think relaxation saucier mandate likely result proliferation damages claims local governments compare brief nat assn counties et amici curiae extent rule permitting courts bypass merits makes difficult civil rights plaintiffs pursue novel claims greater reason press custom policy practice damages claims local governments hard see saucier procedure significant effect civil rights plaintiff decision whether seek damages municipal employee also municipality whether saucier procedure mandatory discretionary plaintiff presumably take account possibility individual defendant held qualified immunity presumably plaintiff seek damages municipality well individual employee benefits increase likelihood recovery collection damages outweigh litigation costs think allowing lower courts exercise discretion respect saucier procedure spawn new cottage industry litigation standards deciding whether reach merits given case brief nat assn counties et al amici curiae appear cottage industry developed prior saucier see reason decision today produce result iv turning conduct officers hold petitioners entitled qualified immunity entry violate clearly established law officer conducting search entitled qualified immunity clearly established law show search violated fourth amendment see anderson inquiry turns objective legal reasonableness action assessed light legal rules clearly established time taken wilson layne internal quotation marks omitted see hope pelzer ualified immunity operates ensure subjected suit officers notice conduct unlawful internal quotation marks omitted entry issue occurred doctrine gained acceptance lower courts doctrine considered three federal courts appeals two state courts starting early see diaz cert denied bramble pollard cert denied state henry state johnston accepted every one courts moreover seventh circuit approved doctrine application cases involving consensual entries private citizens acting confidential informants see paul sixth circuit reached conclusion events gave rise respondent suit see yoon cert denied prior tenth circuit decision present case appeals issued contrary decision officers entitled rely cases even though federal circuit yet ruled entries principles qualified immunity shield officer personal liability officer reasonably believes conduct complies law police officers entitled rely existing lower cases without facing personal liability actions wilson explained circuit split relevant issue developed events gave rise suit concluded judges thus disagree constitutional question unfair subject police money damages picking losing side controversy likewise divergence views doctrine created decision appeals case improper subject petitioners money damages conduct unlawfulness officers conduct case clearly established petitioners entitled qualified immunity therefore reverse judgment appeals ordered footnotes see harlow fitzgerald noting decisions equate qualified immunity state officials sued immunity federal officers sued directly constitution bunting appeals followed saucier protocol first held virginia military institute use word god supper roll call ceremony violated establishment clause granted defendants qualified immunity law clearly established relevant time mellen bunting cert denied although judgment favor defendants asked review adverse constitutional ruling dissenting denial certiorari justice scalia joined chief justice rehnquist criticized perceived procedural tangle making tangle arose refusal entertain appeal party issue prevailed practice insulates review adverse merits decisions locked inside favorable qualified immunity rulings