messerschmidt
et
al
millender
executor
estate
millender
deceased
et
argued
december
decided
february
shelly
kelly
afraid
attacked
boyfriend
jerry
ray
bowen
moved
apartment
therefore
requested
police
protection
two
officers
arrived
called
away
emergency
soon
officers
left
bowen
showed
apartment
yelled
told
never
call
cops
bitch
attacked
kelly
attempting
throw
landing
kelly
escaped
car
bowen
pointed
shotgun
threatened
kill
tried
leave
kelly
nonetheless
sped
away
bowen
fired
five
shots
car
blowing
one
tires
kelly
later
met
detective
curt
messerschmidt
discuss
incident
described
attack
detail
mentioned
bowen
previously
assaulted
ties
mona
park
crips
gang
might
staying
home
former
foster
mother
augusta
millender
following
conversation
messerschmidt
conducted
detailed
investigation
confirmed
bowen
connection
millenders
home
verified
membership
two
gangs
learned
bowen
arrested
convicted
numerous
violent
offenses
based
investigation
messerschmidt
drafted
application
warrant
authorizing
search
millenders
home
firearms
ammunition
well
evidence
indicating
gang
membership
messerschmidt
included
two
affidavits
warrant
application
first
detailed
extensive
law
enforcement
experience
specialized
training
crimes
second
expressly
incorporated
search
warrant
described
incident
explained
messerschmidt
believed
probable
cause
search
also
requested
warrant
endorsed
night
service
bowen
gang
ties
submitting
application
magistrate
approval
messerschmidt
reviewed
supervisor
sergeant
robert
lawrence
well
police
lieutenant
deputy
district
attorney
messerschmidt
submitted
application
magistrate
issued
warrant
ensuing
search
uncovered
millender
shotgun
california
social
services
letter
addressed
bowen
box
ammunition
millenders
filed
action
petitioners
messerschmidt
lawrence
alleging
officers
subjected
unreasonable
search
violation
fourth
amendment
district
granted
summary
judgment
millenders
concluding
firearm
aspects
search
warrant
overbroad
officers
entitled
qualified
immunity
damages
ninth
circuit
sitting
en
banc
affirmed
denial
qualified
immunity
held
warrant
authorization
unconstitutionally
overbroad
affidavits
warrant
failed
establish
probable
cause
broad
categories
firearms
material
material
contraband
evidence
crime
reasonable
officer
aware
warrant
deficiency
held
officers
entitled
qualified
immunity
pp
qualified
immunity
protects
government
officials
liability
civil
damages
insofar
conduct
violate
clearly
established
statutory
constitutional
rights
reasonable
person
known
pearson
callahan
alleged
fourth
amendment
violation
involves
search
seizure
pursuant
warrant
fact
neutral
magistrate
issued
warrant
clearest
indication
officers
acted
objectively
reasonable
manner
objective
good
faith
leon
nonetheless
fact
end
inquiry
objective
reasonableness
recognized
exception
allowing
suit
obvious
reasonably
competent
officer
concluded
warrant
issue
malley
briggs
shield
immunity
otherwise
conferred
warrant
lost
example
warrant
based
affidavit
lacking
indicia
probable
cause
render
official
belief
existence
entirely
unreasonable
leon
threshold
establishing
exception
high
ordinary
case
officer
expected
question
magistrate
determination
magistrate
responsibility
determine
whether
officer
allegations
establish
probable
cause
issue
warrant
comporting
form
requirements
fourth
amendment
leon
supra
pp
case
fall
within
narrow
exception
entirely
unreasonable
officer
believe
probable
cause
search
firearms
materials
circumstances
set
forth
warrant
officer
reasonably
conclude
fair
probability
shotgun
firearm
bowen
owned
illinois
gates
bowen
shotgun
illegal
cf
given
bowen
possession
one
illegal
gun
gang
membership
willingness
use
gun
kill
someone
concern
police
unreasonable
officer
conclude
bowen
owned
illegal
guns
officer
also
reasonably
believe
seizure
firearms
necessary
prevent
assaults
kelly
california
law
allows
magistrate
issue
search
warrant
items
possession
person
intent
use
means
committing
public
offense
cal
penal
code
ann
warrant
application
submitted
officers
specifically
referenced
provision
basis
search
pp
regarding
warrant
authorization
search
materials
reasonable
officer
view
bowen
attack
motivated
souring
romantic
relationship
kelly
desire
prevent
disclosing
details
gang
activity
police
therefore
unreasonable
based
facts
set
affidavit
officer
believe
evidence
bowen
gang
affiliation
prove
helpful
prosecuting
attack
kelly
supporting
additional
related
charges
bowen
assault
impeaching
bowen
rebutting
defenses
moreover
even
merely
domestic
dispute
reasonable
officer
still
conclude
gang
paraphernalia
found
millenders
residence
demonstrate
bowen
control
premises
connection
evidence
found
pp
fact
officers
sought
obtained
approval
warrant
application
superior
deputy
district
attorney
submitting
magistrate
provides
support
conclusion
officer
reasonably
believed
scope
warrant
supported
probable
cause
contrary
conclusion
mean
messerschmidt
lawrence
plainly
incompetent
concluding
warrant
supported
probable
cause
malley
supra
supervisor
deputy
district
attorney
magistrate
well
pp
holding
warrant
case
obviously
defective
reasonable
officer
believed
valid
erred
relying
groh
ramirez
officers
carried
search
entitled
qualified
immunity
warrant
failed
describe
items
seized
even
cursory
reading
warrant
revealed
defect
contrast
arguable
defect
become
apparent
upon
close
parsing
warrant
application
comparison
supporting
affidavit
terms
warrant
determine
whether
affidavit
established
probable
cause
search
items
listed
warrant
unlike
groh
error
one
simple
glance
revealed
id
pp
reversed
roberts
delivered
opinion
scalia
kennedy
thomas
breyer
alito
joined
breyer
filed
concurring
opinion
kagan
filed
opinion
concurring
part
dissenting
part
sotomayor
filed
dissenting
opinion
ginsburg
joined
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
curt
messerschmidt
et
petitioners
brenda
millender
executor
estate
augusta
millender
deceased
et
al
writ
certiorari
appeals
ninth
circuit
february
chief
justice
roberts
delivered
opinion
petitioner
police
officers
conducted
search
respondents
home
pursuant
warrant
issued
neutral
magistrate
warrant
authorized
search
guns
material
connection
investigation
known
gang
member
shooting
shotgun
call
ed
cops
app
respondents
brought
action
seeking
hold
officers
personally
liable
alleging
search
violated
fourth
amendment
rights
sufficient
probable
cause
believe
items
sought
evidence
crime
particular
respondents
argued
basis
search
guns
simply
suspect
owned
used
shotgun
reason
search
gang
material
shooting
call
ing
cops
solely
domestic
dispute
appeals
ninth
circuit
held
warrant
invalid
officers
entitled
immunity
personal
liability
invalidity
obvious
reasonable
officer
recognized
despite
magistrate
approval
disagree
reverse
shelly
kelly
decided
break
romantic
relationship
jerry
ray
bowen
move
apartment
bowen
key
kelly
feared
attack
bowen
previously
assaulted
convicted
multiple
violent
felonies
therefore
asked
officers
los
angeles
county
sheriff
department
accompany
gathered
things
deputies
sheriff
department
came
assist
kelly
called
away
respond
emergency
move
complete
soon
officers
left
enraged
bowen
appeared
bottom
stairs
apartment
yelling
told
never
call
cops
bitch
app
bowen
ran
stairs
kelly
grabbed
shirt
tried
throw
railing
landing
kelly
successfully
resisted
bowen
bit
shoulder
attempted
drag
inside
apartment
hair
kelly
managed
escape
bowen
grasp
ran
car
time
bowen
retrieved
black
shotgun
pistol
grip
ran
front
kelly
car
pointed
shotgun
told
kelly
tried
leave
kill
kelly
leaned
fully
depressed
gas
pedal
sped
away
bowen
fired
car
total
five
times
blowing
car
left
front
tire
process
kelly
managed
escape
kelly
quickly
located
police
officers
reported
assault
told
police
happened
bowen
attacked
becoming
angry
called
sheriff
department
mentioned
bowen
active
member
park
crips
local
street
gang
kelly
also
provided
officers
photographs
bowen
detective
curt
messerschmidt
assigned
investigate
incident
messerschmidt
met
kelly
obtain
details
assault
information
bowen
kelly
described
attack
informed
messerschmidt
thought
bowen
staying
foster
mother
home
east
street
kelly
also
informed
messerschmidt
bowen
previous
assaults
gang
ties
messerschmidt
conducted
background
check
bowen
consulting
police
records
california
department
motor
vehicles
records
database
based
research
messerschmidt
confirmed
bowen
connection
east
street
address
also
confirmed
bowen
active
member
mona
park
crips
secondary
member
dodge
city
crips
finally
messerschmidt
learned
bowen
arrested
convicted
numerous
violent
offenses
indeed
time
investigation
bowen
rapsheet
spanned
printed
pages
indicated
arrested
least
times
nine
arrests
firearms
offenses
six
violent
crimes
including
three
arrests
assault
deadly
weapon
firearm
messerschmidt
prepared
two
warrants
one
authorize
bowen
arrest
one
authorize
search
east
street
attachment
search
warrant
described
property
object
search
handguns
rifles
shotguns
caliber
firearms
capable
firing
ammunition
firearms
devices
modified
designed
allow
sic
fire
ammunition
caliber
ammunition
miscellaneous
gun
parts
gun
cleaning
kits
holsters
hold
held
caliber
handgun
sought
receipts
paperwork
showing
purchase
ownership
possession
handguns
sought
firearm
proof
ownership
firearm
capable
firing
chambered
fire
caliber
ammunition
articles
evidence
showing
street
gang
membership
affiliation
street
gang
include
limited
reference
park
crips
including
writings
graffiti
depicting
gang
membership
activity
identity
articles
personal
property
tending
establish
identity
person
sic
control
premise
premises
photographs
photograph
albums
depicting
persons
vehicles
weapons
locations
may
appear
relevant
gang
membership
may
depict
item
sought
believed
evidence
case
investigated
warrant
may
depict
evidence
criminal
activity
additionally
include
gang
indicia
establish
persons
sought
warrant
affiliation
membership
park
crips
street
gang
two
affidavits
accompanied
messerschmidt
warrant
applications
first
affidavit
described
messerschmidt
extensive
law
enforcement
experience
including
served
peace
officer
years
assigned
specialized
unit
investigating
gang
related
crimes
arresting
gang
members
various
violations
law
involved
hundreds
gang
related
incidents
contacts
arrests
time
force
received
specialized
training
field
gang
related
crimes
training
gang
related
shootings
second
affidavit
expressly
incorporated
search
warrant
explained
messerschmidt
believed
sufficient
probable
cause
support
warrant
affidavit
described
facts
incident
involving
kelly
bowen
great
detail
including
weapon
used
assault
affidavit
recounted
kelly
identified
bowen
assailant
thought
bowen
might
found
east
street
also
reported
messerschmidt
conducted
extensive
background
search
suspect
utilizing
departmental
records
state
computer
records
police
agency
records
information
concluded
bowen
resided
east
street
affidavit
requested
search
warrant
endorsed
night
service
information
provided
victim
data
base
indicated
bowen
gang
ties
mona
park
crip
gang
night
service
provide
added
element
safety
community
well
deputy
personnel
serving
warrant
affidavit
concluded
noting
messerschmidt
believe
items
sought
bowen
possession
recovery
weapon
invaluable
successful
prosecution
suspect
involved
case
curtailment
crimes
committed
ibid
messerschmidt
submitted
warrants
supervisors
sergeant
lawrence
lieutenant
ornales
review
deputy
district
attorney
janet
wilson
also
reviewed
materials
initialed
search
warrant
indicating
agreed
messerschmidt
assessment
probable
cause
finally
messerschmidt
submitted
warrants
magistrate
magistrate
approved
warrants
authorized
night
service
search
warrant
served
two
days
later
team
officers
included
messerschmidt
lawrence
sheriff
deputies
forced
open
front
door
east
street
encountered
augusta
millender
woman
seventies
millender
daughter
grandson
instructed
police
millenders
went
outside
residence
secured
remained
living
room
search
conducted
bowen
found
residence
search
however
result
seizure
augusta
millender
shotgun
california
social
services
letter
addressed
bowen
box
ammunition
bowen
arrested
two
weeks
later
messerschmidt
found
hiding
bed
motel
room
millenders
filed
suit
federal
district
county
los
angeles
sheriff
department
sheriff
number
individual
officers
including
messerschmidt
lawrence
complaint
alleged
relevant
search
warrant
invalid
fourth
amendment
sought
damages
messerschmidt
lawrence
among
others
parties
filed
cross
motions
summary
judgment
validity
search
warrant
district
found
warrant
defective
two
respects
district
concluded
warrant
authorization
search
firearms
unconstitutionally
overbroad
crime
specified
physical
assault
specific
weapon
black
shotgun
pistol
grip
negating
need
search
firearms
millender
county
los
angeles
civ
cd
mar
app
pet
cert
wl
also
found
warrant
overbroad
respect
search
materials
evidence
crime
issue
app
pet
cert
result
district
granted
summary
judgment
millenders
constitutional
challenges
firearm
gang
material
aspects
search
warrant
district
also
rejected
officers
claim
entitled
qualified
immunity
damages
messerschmidt
lawrence
appealed
divided
panel
appeals
ninth
circuit
reversed
district
denial
qualified
immunity
held
officers
entitled
qualified
immunity
reasonably
relied
approval
warrant
deputy
district
attorney
judge
appeals
granted
rehearing
en
banc
affirmed
district
denial
qualified
immunity
en
banc
concluded
warrant
authorization
unconstitutionally
overbroad
affidavit
warrant
failed
establish
probable
cause
broad
categories
firearms
material
material
described
warrant
contraband
evidence
crime
en
banc
view
deputies
probable
cause
search
single
identified
weapon
probable
cause
search
broad
class
firearms
materials
described
warrant
addition
ecause
deputies
failed
establish
link
materials
crime
warrant
authorizing
search
seizure
evidence
likewise
invalid
concluding
reasonable
officer
deputies
position
well
aware
deficiency
en
banc
held
officers
entitled
qualified
immunity
two
separate
dissenting
opinions
judge
callahan
determined
officers
probable
cause
search
seize
firearms
home
bowen
gang
member
felon
thought
reside
also
concluded
officers
reasonably
relied
superiors
district
attorney
magistrate
correct
overbreadth
warrant
officers
entitled
qualified
immunity
actions
objectively
unreasonable
judge
silverman
also
dissented
concluding
deputies
belief
validity
warrant
entirely
reasonable
record
wa
totally
devoid
evidence
deputies
acted
good
faith
judge
tallman
joined
dissents
granted
certiorari
ii
millenders
allege
subjected
unreasonable
search
violation
fourth
amendment
warrant
authorizing
search
home
supported
probable
cause
seek
damages
messerschmidt
lawrence
roles
obtaining
executing
warrant
validity
warrant
us
question
instead
whether
messerschmidt
lawrence
entitled
immunity
damages
even
assuming
warrant
issued
doctrine
qualified
immunity
protects
government
officials
liability
civil
damages
insofar
conduct
violate
clearly
established
statutory
constitutional
rights
reasonable
person
known
pearson
callahan
quoting
harlow
fitzgerald
qualified
immunity
gives
government
officials
breathing
room
make
reasonable
mistaken
judgments
protects
plainly
incompetent
knowingly
violate
law
ashcroft
slip
quoting
malley
briggs
hether
official
protected
qualified
immunity
may
held
personally
liable
allegedly
unlawful
official
action
generally
turns
legal
reasonableness
action
assessed
light
legal
rules
established
time
taken
anderson
creighton
citation
omitted
alleged
fourth
amendment
violation
involves
search
seizure
pursuant
warrant
fact
neutral
magistrate
issued
warrant
clearest
indication
officers
acted
objectively
reasonable
manner
sometimes
put
objective
good
faith
leon
nonetheless
precedents
fact
neutral
magistrate
issued
warrant
authorizing
allegedly
unconstitutional
search
seizure
end
inquiry
objective
reasonableness
rather
recognized
exception
allowing
suit
obvious
reasonably
competent
officer
concluded
warrant
issue
malley
shield
immunity
otherwise
conferred
warrant
lost
example
warrant
based
affidavit
lacking
indicia
probable
cause
render
official
belief
existence
entirely
unreasonable
leon
internal
quotation
marks
omitted
precedents
make
clear
however
threshold
establishing
exception
high
one
explained
leon
ordinary
case
officer
expected
question
magistrate
determination
magistrate
responsibility
determine
whether
officer
allegations
establish
probable
cause
issue
warrant
comporting
form
requirements
fourth
amendment
see
also
malley
supra
sound
presumption
magistrate
qualified
police
officer
make
probable
cause
determination
goes
without
saying
magistrate
acts
mistakenly
issuing
warrant
within
range
professional
competence
magistrate
officer
requested
warrant
held
liable
internal
quotation
marks
citation
omitted
iii
millenders
contend
appeals
held
case
falls
narrow
exception
according
millenders
officers
failed
provide
facts
circumstances
magistrate
properly
conclude
probable
cause
seize
broad
classes
items
sought
reasonable
officer
presumed
warrant
valid
brief
respondents
disagree
respect
warrant
authorization
search
seize
firearms
millenders
argue
reasonably
officer
readily
perceived
probable
cause
search
house
firearms
items
noting
affidavit
indicated
exactly
item
evidence
crime
sawed
shotgun
pistol
grip
argue
facts
established
bowen
possessed
firearms
let
alone
firearms
existed
evidence
crime
ibid
quoting
app
even
scope
warrant
overbroad
authorizing
search
guns
information
specific
one
specific
one
shotgun
pistol
grip
owned
known
gang
member
fired
weapon
five
times
public
attempt
murder
another
person
asserted
ground
call
ed
cops
circumstances
set
forth
warrant
unreasonable
officer
conclude
fair
probability
shotgun
firearm
bowen
owned
illinois
gates
certainly
reasonable
officer
assume
bowen
shotgun
illegal
cf
evidence
one
crime
always
evidence
several
given
bowen
possession
one
illegal
gun
gang
membership
willingness
use
gun
kill
someone
concern
police
reasonable
officer
conclude
additional
illegal
guns
among
others
bowen
reasonable
officer
also
believe
seizure
firearms
necessary
prevent
assaults
kelly
california
law
allows
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