ashcroft argued march decided may respondent alleges september terrorist attacks general ashcroft authorized federal officials detain terrorism suspects using federal statute claims pretextual detention policy led arrest boarding plane saudi arabia secure warrant federal officials told magistrate judge information crucial sami omar prosecution lost boarded flight prosecutors never called witness alleges never meant filed suit pursuant bivens six unknown fed narcotics agents challenging constitutionality ashcroft alleged policy district denied ashcroft motion dismiss absolute qualified immunity grounds ninth circuit affirmed holding fourth amendment prohibits pretextual arrests absent probable cause criminal wrongdoing ashcroft claim qualified absolute immunity held objectively reasonable arrest detention material witness pursuant validly obtained warrant challenged unconstitutional basis allegations arresting authority improper motive pp qualified immunity shields government official money damages unless official violated statutory constitutional right right clearly established time challenged conduct harlow fitzgerald considers prongs inquiry discretion correct lower errors step whether detention reasonable fourth amendment predominantly objective inquiry indianapolis edmond courts ask whether circumstances viewed objectively justify challenged action scott except cases involve vernonia school dist acton administrative searches michigan clifford almost uniformly rejected invitations probe subjective intent appeals mistaken believing edmond established purpose relevant fourth amendment analysis programs seizures without probable cause absence probable cause triggered edmond inquiry checkpoints failure based individualized suspicion neutral magistrate judge issued warrant authorizing arrest affidavit accompanying warrant application gave individualized reasons believe material witness soon disappear warrant based individualized suspicion grants protection existed cases eschewing inquiries intent whren terry ohio contrary narrow reading cases rejected concedes individualized suspicion supported issuance arrest warrant assert arrest unconstitutional absent alleged pretext fourth amendment violation pp ashcroft violate clearly established law thus entitled qualified immunity government official conduct violates clearly established law time challenged conduct contours right sufficiently clear every reasonable official understood violates right anderson creighton asserted constitutional right falls far short threshold time arrest single judicial opinion held pretext render objectively reasonable arrest pursuant warrant unconstitutional ninth circuit reliance district footnoted dictum irrelevant cases fourth amendment broad purposes history rejected ashcroft violate clearly established law question whether enjoys absolute immunity need addressed pp reversed remanded scalia delivered opinion roberts kennedy thomas alito joined kennedy filed concurring opinion ginsburg breyer sotomayor joined part ginsburg filed opinion concurring judgment breyer sotomayor joined sotomayor filed opinion concurring judgment ginsburg breyer joined kagan took part consideration decision case john ashcroft petitioner abdullah writ certiorari appeals ninth circuit may justice scalia delivered opinion decide whether former attorney general enjoys immunity suit allegedly authorizing federal prosecutors obtain valid warrants detention terrorism suspects otherwise lack probable cause arrest federal statute authorizes judges order arrest person whose testimony material criminal proceeding shown may become impracticable secure presence person subpoena material witnesses enjoy constitutional right pretrial release federal detainees federal law requires release testimony adequately secured deposition detention prevent failure justice ibid case arises motion dismiss accept true factual allegations abdullah complaint complaint alleges aftermath september terrorist attacks general john ashcroft authorized federal prosecutors law enforcement officials use statute detain individuals suspected ties terrorist organizations alleged federal officials intention calling individuals witnesses detained ashcroft direction federal officials suspected supporting terrorism lacked sufficient evidence charge crime alleged pretextual detention policy led arrest citizen fbi agents apprehended march checked flight saudi arabia two days earlier federal officials informed magistrate judge boarded flight believed information crucial prosecution sami omar lost app remained federal custody days supervised release trial concluded months later prosecutors never called witness march filed bivens action see bivens six unknown fed narcotics agents challenge constitutionality ashcroft alleged policy also asserted several claims relevant ashcroft others ashcroft filed motion dismiss based absolute qualified immunity district denied divided panel appeals ninth circuit affirmed holding fourth amendment prohibits pretextual arrests absent probable cause criminal wrongdoing ashcroft claim qualified absolute immunity see judge bea dissented eight judges dissented denial rehearing en banc see granted certiorari see ii qualified immunity shields federal state officials money damages unless plaintiff pleads facts showing official violated statutory constitutional right right clearly established time challenged conduct harlow fitzgerald recently reaffirmed lower courts discretion decide two prongs analysis tackle first see pearson callahan courts think carefully expending scarce judicial resources resolve difficult novel questions constitutional statutory interpretation effect outcome case see however appeals address prongs analysis discretion correct errors step although necessary reverse erroneous judgment ensures courts insulate constitutional decisions frontiers law review inadvertently undermine values qualified immunity seeks promote former occurs question wrongly decided latter clearly established held case appeals analysis steps inquiry needs correction fourth amendment protects right people secure persons houses papers effects unreasonable searches seizures arrest course qualifies seizure person provision dunaway new york must reasonable circumstances assert government officials acted unreasonably used warrant arrest purpose securing testimony trial see brief respondent tr oral arg contests however appeals rejected reasonableness using warrant detain suspected criminal fourth amendment reasonableness predominantly objective inquiry edmond supra ask whether circumstances viewed objectively justify challenged action scott action reasonable whatever subjective intent motivating relevant officials whren approach recognizes fourth amendment regulates conduct rather thoughts bond promotes evenhanded uniform enforcement law devenpeck alford two limited exception rule cases actual motivations matter knights internal quotation marks omitted judicial warrant probable cause needed search seizure justified special needs beyond normal need law enforcement need deter drug use public schools vernonia school dist acton internal quotation marks omitted need assure railroad employees engaged train operations influence drugs alcohol skinner railway labor executives search seizure execution administrative warrant authorizing example inspection premises determine cause michigan clifford plurality opinion inspection residential premises assure compliance housing code camara municipal city county san francisco exceptions apply officer purpose attend special needs investigation administrative inspection justified see whren supra government seeks justify present arrest basis properly issued judicial warrant cases basis purpose inquiry apart cases almost uniformly rejected invitations probe subjective intent see brigham city stuart one category exception upon appeals principally relied edmond held fourth amendment condone suspicionless vehicle checkpoints set purpose detecting illegal narcotics although previously approved vehicle checkpoints set purpose keeping road unlicensed drivers delaware prouse drivers michigan dept state police sitz purpose interdicting illegally cross border found purpose edmond invalidating ultimately indistinguishable general interest crime control appeals view edmond established purpose relevant fourth amendment analysis programs seizures without probable cause mistaken absence probable cause triggered inquiry edmond contrary edmond explicitly said approve checkpoint stops general crime control purposes based upon merely quantum individualized suspicion purpose relevant edmond programmatic purposes may relevant validity fourth amendment intrusions undertaken pursuant general scheme without individualized suspicion emphasis added needless say warrantless suspicionless intrusions pursuant general scheme far removed facts case warrant issued neutral magistrate judge authorized arrest affidavit accompanying warrant application concedes gave individualized reasons believe material witness soon disappear existence judicial warrant based individualized suspicion takes case outside domain cases edmond well warrant based individualized fact grants protection malevolent incompetent existed cases eschewing inquiries intent whren devenpeck declined probe motives behind seizures supported probable cause lacking warrant approved detached magistrate terry ohio knights applied objective standard warrantless searches justified lesser showing reasonable suspicion review even suspicionless searches objective reasonableness see bond concerns improper motives pretext justify subjective inquiries less protective contexts see reason adopt inquiry read cases narrowly asserts whren establishes ignore subjective intent exists probable cause believe violation law occurred case distortion whren unanimous opinion held look behind objectively reasonable traffic stop determine whether racial profiling desire investigate potential crimes real motive see course analysis dismissed whren reliance cases explaining cases endors principle ulterior motives invalidate police conduct justifiable basis probable cause believe violation law occurred say ulterior motives search legitimate probable cause believe crime occurred say invalidate searches legitimate reasons nly undiscerning reader think otherwise referred probable cause believe violation law occurred legitimating factor case hand analysis opinion swept broadly reject inquiries motive generally see remarked cases concern pretext nothing explain exemption need probable cause warrant accorded searches made purpose inventory administrative regulation accorded searches made purposes opinion emphasized time prior edmond rejected every request examine subjective intent outside narrow context special needs administrative inspections see thus approach adds sentence plucked whren opinion elevates sentence revised remainder opinion consistent holdings cases concedes individualized suspicion supported issuance arrest warrant assert arrest unconstitutional absent alleged pretextual use warrant find fourth amendment evenhanded application law demands look whether arrest objectively justified rather motive arresting officer government official conduct violates clearly established law time challenged conduct contours right sufficiently clear every reasonable official understood violates right anderson creighton require case directly point existing precedent must placed statutory constitutional question beyond debate see ibid malley briggs constitutional question case falls far short threshold time arrest single judicial opinion held pretext render objectively reasonable arrest pursuant warrant unconstitutional opinion suggested footnoted dictum devoid supporting citation using warrant preventive detention suspects illegitimate use statute implying accept sake argument detention therefore unconstitutional awadallah supp sdny appeals thought nothing given john ashcroft fair er warning conduct violated fourth amendment footnoted dictum call ed ashcroft name internal quotation marks omitted emphasis added indulge assumption though seem us realistic justice department lawyers bring attorney general personal attention district judges footnoted speculations boldly call name assumption prove became clearly established pretextual use statute rendered arrest unconstitutional extraordinary proposition even district judge ipse dixit holding controlling authority jurisdiction much less entire ipse dixit footnoted dictum falls far short necessary absent controlling authority robust consensus cases persuasive authority wilson layne appeals cases clearly establishing constitutional violation course rejected irrelevant discussion whether constitutional violation appeals reference cases makes error assuming purpose disregarded probable cause suspect violation law appeals also found clearly established law lurking broad history purposes fourth amendment repeatedly told courts ninth circuit particular see brosseau haugen per curiam define clearly established law high level generality see also wilson supra anderson supra cf sawyer smith general proposition example unreasonable search seizure violates fourth amendment little help determining whether violative nature particular conduct clearly established see saucier katz wilson supra true appeals broad historical assertions fourth amendment response english crown use general warrants often allowed royal officials search seize whatever whomever pleased investigating crimes affronts crown see stanford texas according appeals ashcroft seen pretextual warrant similarly gut substantive protections fourth amendmen allows state arrest upon executive mere suspicion ashcroft must forgiven missing parallel escapes us well principal evil general warrant addressed fourth amendment particularity requirement stanford supra ashcroft alleged policy made effort evade warrant authorizing arrest named might argued perhaps response english abuses fourth amendment said warrants issue probable cause meant probable cause suspect violation law probable cause believe individual named warrant material witness make arrests pursuant warrants unconstitutional whether pretextual position taken case featuring district footnoted dictum appeals made mention affirmation edmond predominan rule reasonableness objective inquiry mention whren knights statements subjective intent mattered limited subset fourth amendment cases terry objective evaluation investigatory searches premised reasonable suspicion rather probable cause bond objective evaluation suspicionless investigatory search appeals seems aspects opinions gave colorable support proposition unconstitutionality action clearly established qualified immunity gives government officials breathing room make reasonable mistaken judgments open legal questions properly applied protects plainly incompetent knowingly violate law malley ashcroft deserves neither label least eight appeals judges agreed judgment case first impression see wilson supra deserves qualified immunity even assuming contrafactually alleged detention policy violated fourth amendment hold objectively reasonable arrest detention material witness pursuant validly obtained warrant challenged unconstitutional basis allegations arresting authority improper motive ashcroft violate clearly established law need address difficult question whether enjoys absolute immunity judgment appeals reversed case remanded proceedings consistent opinion ordered justice kagan took part consideration decision case john ashcroft petitioner abdullah writ certiorari appeals ninth circuit may justice kennedy justice ginsburg justice breyer justice sotomayor join part concurring join opinion full holding attorney general liable damages based unprecedented constitutional rule appeals ninth circuit disregarded purposes qualified immunity concurring opinion makes two additional observations holding limited arguments presented parties leaves unresolved whether government use material witness statute case lawful see ante noting assert arrest unconstitutional absent alleged pretextual use warrant statute magistrate judge may issue warrant arrest someone material witness upon showing affidavit testimony person material criminal proceeding may become impracticable secure presence person subpoena scope statute lawful authorization uncertain example citizen might observe crime days weeks scheduled flight abroad unclear whether facts alone might allow police obtain material witness warrant ground may become impracticable secure person presence subpoena ibid question becomes difficult one assumes traveler willing testify asked difficult still one supposes authorities delay obtaining executing warrant traveler arrived airport possibilities resemble facts case see ante considering issues important bear mind material witness statute might provide issuance warrants within meaning fourth amendment warrant clause typical arrest warrant based probable cause arrestee committed crime standard issuance warrants material witness statute see ante reserving possibility probable cause purposes fourth amendment warrant clause means probable cause suspect violation law material witness warrants qualify warrants fourth amendment material witness arrests might still governed fourth amendment separate reasonableness requirement seizures person see watson given difficulty issues correct address legal theory put without exploring material witness arrests might consistent statutory constitutional requirements ii fact attorney general holds high office government must inform law clearly established purposes case mitchell forsyth federal officers perform functions single jurisdiction say within one state one federal judicial district reasonably anticipate conduct may give rise liability damages expected adjust behavior accordance local precedent davis scherer see also anderson creighton contrast attorney general occupies national office sets policies implemented many jurisdictions throughout country official responsibilities many jurisdictions may face ambiguous sometimes inconsistent sources decisional law may clear one appeals approved certain course conduct courts appeals may disapproved least reserved issue faced inconsistent legal rules different jurisdictions national officeholders given deference qualified immunity purposes least implement policies consistent governing law jurisdiction action taken explained qualified immunity lost plaintiffs point either cases controlling authority jurisdiction time incident consensus cases persuasive authority reasonable officer believed actions lawful wilson layne see also ante standards ensure officer fair clear warning constitution requires lanier national officeholder intent retaining qualified immunity need abide stringent standard adopted anywhere national officeholder need guess relatively small set appellate precedents established binding legal rule national officeholders subject personal liability whenever confronted disagreement among appellate courts officers deterred full use legal authority consequences deterrence must counsel caution judicial branch particularly area national security see ashcroft iqbal slip furthermore expansive view clearly established law risk giving local judicial determinations effect rules de facto national significance contrary normal process ordered appellate review proceedings case illustrate concerns appeals ninth circuit appears reasoned federal district sitting new york authority establish legal rule binding attorney general therefore federal operations conducted nationwide see indeed case involves material witness warrant issued boise idaho arrest near washington course district decisions precedential extent ante nationwide security operations grind halt even appellate finds operations unconstitutional doctrine qualified immunity constrain national officeholders entrusted urgent responsibilities john ashcroft petitioner abdullah writ certiorari appeals ninth circuit may justice ginsburg justice breyer justice sotomayor join concurring judgment former attorney general subject suit damages claim instructed subordinates use material witness statute pretext detain terrorist suspects preventively given whren agree clearly established law renders ashcroft answerable damages abuse authority charged ante join justice sotomayor objecting disposition fourth amendment claim merits observes post opinion concurring judgment claim involves novel trying questions effect outcome th case pearson callahan addressing fourth amendment claim ashcroft assumes outset existence validly obtained material witness warrant ante characterization puzzling see post opinion sotomayor warrant validly obtained affidavit based fails inform issuing magistrate judge government intention using witness another trial post disclose cooperated fbi agents several times asked interview app casting doubt assumption warrant validly obtained magistrate judge told parents wife children citizens residents addition affidavit misrepresented take flight saudi arabia ticket costing approximately fact ticket cost given omissions misrepresentations strong cause question opening assumption valid warrant equally strong reason conclude merits determination neither necessary also agree justice kennedy treatment presents serious questions unaddressed concerning legality government use material witness statute case ante concurring opinion addition questions justice kennedy poses even initial material witness classification proper even arguably legitimate basis harsh custodial conditions subjected ostensibly held secure testimony confined three different detention centers days incarceration kept cells lit hours day subjected inspections one occasion handcuffed shackled wrists legs waist app cf bell wolfish oading detainee chains shackles throwing dungeon may ensure presence trial preserve security institution difficult conceive situation conditions harsh employed achieve objectives accomplished many alternative less harsh methods support conclusion purpose imposed however circumscribed bivens claim ashcroft may see bivens six unknown fed narcotics agents ante majority opinion ante kennedy concurring remaining claims fbi agents apprehended invite consideration issues justice kennedy challenges brutal conditions confinement settled ordeal grim reminder need install safeguards disrespect human dignity constraints control officialdom even perilous times john ashcroft petitioner abdullah writ certiorari appeals ninth circuit may justice sotomayor justice ginsburg justice breyer join concurring judgment concur judgment reversing appeals agree majority conclusion ashcroft violate clearly established law join majority opinion however unnecessarily resolve difficult novel questio constitutional interpretation effect outcome case ante quoting pearson callahan whether fourth amendment permits pretextual use material witness warrant preventive detention individual government intention using trial view closer question majority opinion suggests although majority correct government official subjective intent generally irrelevant determining whether officer actions violate fourth amendment bond none prior cases recognizing principle involved prolonged detention individual without probable cause believe committed criminal offense never considered whether official subjective intent matters purposes fourth amendment novel context need resolve question case members agree whatever merits underlying fourth amendment question ashcroft violate clearly established law majority constitutional ruling narrow one existence valid warran ante premise least questionable light allegations set forth complaint based allegations clear impracticable secure presence subpoena testimony adequately secured deposition see first amended complaint app complied subpoena issued one agreed deposition clear affidavit supporting warrant sufficient failure disclose government intention using witness trial may well rendered affidavit deliberately false misleading cf franks delaware majority assumes away factual difficulties view point artificiality way fourth amendment question presented provide reason avoid rendering unnecessary holding constitutional question also join part justice kennedy concurring opinion opinion makes clear case present occasion address proper scope material witness statute constitutionality applied case indeed nothing majority opinion today read placing imprimatur actions taken government ante kennedy concurring holding limited arguments presented parties leaves unresolved whether government use material witness statute case lawful footnotes appeals also relied upon ferguson charleston held unconstitutional program mandatory drug testing maternity patients like edmond case involved general scheme searches without individualized suspicion justice ginsburg suggests use word suspicion peculiar word ordinarily means person suspected engaged wrongdoing post opinion concurring judgment disagree usage word common idiomatic statement suspicion knows something crime even suspicion throwing surprise birthday party many cases cited justice ginsburg post use neutral word suspicion connection wrongdoing prove nothing except searches seizures reasons suspected wrongdoing rare concerns justices ginsburg sotomayor validity warrant case beside point see post ginsburg concurring judgment post sotomayor concurring judgment validity warrant opening assumption post ginsburg concurring judgment premise argument claim ashcroft liable fbi agents failed obtain valid warrant takes validity warrant given argues arrest nevertheless violated constitution motivated illegitimate purpose separate fourth amendment statutory claims fbi agents sought warrant focus concurrences us may note passing alleges attorney general authorized use warrants detention suspected terrorists forbade use warrants detain material witnesses means inquiry actual motive accepted mere determination attorney general promulgated alleged policy alone decide case also prove officials sought warrant motivated ashcroft policy desire call witness footnotes nowhere complaint concession warrant gained fbi agents validly obtained cf ante majority opinion judicial officers asked issue material witness warrants must determine whether affidavit supporting application shows testimony person material criminal proceeding may become impracticable secure presence person subpoena even conditions met issuance warrant discretionary ibid judicial officer may order arrest person emphasis added experience illustrates importance vigilant exercise checking role judicial officer warrant application presented affidavit used secure detention spare state particularity information purportedly possessed specify knowledge material sami omar prosecution impracticability affidavit contained unelaborated statement believed travels saudi arabia government unable secure presence trial via subpoena app magistrate judge insisted concrete showings materiality impracticability might spared entire ordeal thrice material witness warrant arrest based individualized suspicion ante word suspicion however ordinarily indicates person suspected engaged wrongdoing see black law dictionary ed defining reasonable suspicion mean objective basis supported specific articulable facts suspecting person criminal activity material witness status involv suspicion lack suspicion individual identified see illinois lidster decisions today uniformly used term individualized suspicion mean individualized suspicion wrongdoing see indianapolis edmond emphasis added chandler miller see also brigham city stuart referring programmatic searches conducted without individualized suspicion checkpoints combat drunk driving drug trafficking board ed independent school dist pottawatomie cty earls finding individualized suspicion may necessary school conducts drug testing whren observed traffic violations give rise individualized suspicion michigan dept state police sitz detention particular motorists extensive field sobriety testing may require satisfaction individualized suspicion standard maryland buie terry ohio requires reasonable individualized suspicion frisk weapons conducted treasury employees von raab certain limited circumstances government need discover latent hidden conditions prevent development sufficiently compelling justify search intrudes privacy without measure individualized suspicion ortega petitioners suspicion misconduct ortega montoya de hernandez automotive travelers may stopped fixed checkpoints near border without individualized suspicion new jersey search purse based upon individualized suspicion violated school rules michigan summers police executing search warrant tavern frisk patron unless officers individualized suspicion patron might armed dangerous suggestion term individualized suspicion commonly associated know ing something crime throwing surprise birthday party criminal suspects ante internal quotation marks omitted hardly credible import term legal argot genuinely debatable evening news reports murder suspect loose viewer meant lookout perpetrator witness ashcroft understood term lawyers commonly spoke detaining material witnesses means tak suspected terrorists street app internal quotation marks omitted district determined factual allegations fbi agents regarding misrepresentations omissions warrant application true negate possibility qualified immunity agents memorandum order idaho agents took appeal threshold denial qualified immunity plea