malley
briggs
argued
november
decided
march
basis
monitoring
two
telephone
calls
pursuant
wiretap
telephone
acquaintance
respondents
daughter
petitioner
rhode
island
state
trooper
hereafter
petitioner
prepared
felony
complaints
charging
respondents
possession
marihuana
complaints
presented
state
judge
accompanied
arrest
warrants
supporting
affidavits
judge
signed
warrants
respondents
arrested
charges
subsequently
dropped
grand
jury
return
indictment
respondents
brought
damages
action
federal
district
alleging
petitioner
applying
arrest
warrants
violated
rights
fourth
fourteenth
amendments
case
tried
jury
granting
directed
verdict
petitioner
grounds
close
respondents
evidence
stated
police
officer
believes
facts
stated
affidavit
true
submits
neutral
magistrate
may
entitled
immunity
objective
reasonableness
standard
harlow
fitzgerald
appeals
reversed
held
petitioner
entitled
absolute
immunity
qualified
immunity
liability
damages
pp
neither
common
law
public
policy
affords
support
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immunity
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permitted
basis
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function
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warrants
similar
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witness
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immune
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law
matter
public
policy
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immunity
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immunity
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officer
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process
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rule
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petitioner
avoid
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immunity
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establish
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reasonable
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danger
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arrest
pp
white
delivered
opinion
burger
brennan
marshall
blackmun
stevens
joined
powell
filed
opinion
concurring
part
dissenting
part
rehnquist
joined
post
ann
sheadel
assistant
attorney
general
rhode
island
argued
cause
petitioners
brief
arlene
violet
attorney
general
leonard
decof
argued
cause
respondents
brief
john
foley
briefs
amici
curiae
urging
reversal
filed
state
minnesota
et
al
hubert
humphrey
iii
attorney
general
minnesota
catharine
haukedahl
special
assistant
attorney
general
charles
graddick
attorney
general
alabama
robert
corbin
attorney
general
arizona
john
van
de
kamp
attorney
general
california
jim
smith
attorney
general
florida
michael
bowers
attorney
general
georgia
corinne
watanabe
acting
attorney
general
hawaii
jim
jones
attorney
general
idaho
linley
pearson
attorney
general
indiana
robert
stephan
attorney
general
kansas
william
guste
attorney
general
louisiana
frank
kelley
attorney
general
michigan
edwin
lloyd
pittman
attorney
general
mississippi
william
webster
attorney
general
missouri
mike
greely
attorney
general
montana
robert
spire
attorney
general
nebraska
brian
mckay
attorney
general
nevada
stephen
merrill
attorney
general
new
hampshire
irwin
kimmelman
attorney
general
new
jersey
lacy
thornburg
attorney
general
north
carolina
anthony
celebrezze
attorney
general
ohio
david
frohnmayer
attorney
general
oregon
leroy
zimmerman
attorney
general
pennsylvania
travis
medlock
attorney
general
south
carolina
michael
cody
attorney
general
tennessee
david
wilkinson
attorney
general
utah
william
broaddus
attorney
general
virginia
bronson
la
follette
attorney
general
wisconsin
mcclintock
attorney
general
wyoming
americans
effective
law
enforcement
et
al
david
crump
daniel
hales
fred
inbau
wayne
schmidt
james
manak
steven
lockman
jack
novik
burt
neuborne
lynette
labinger
filed
brief
american
civil
liberties
union
et
al
amici
curiae
justice
white
delivered
opinion
case
presents
question
degree
immunity
accorded
defendant
police
officer
damages
action
alleged
officer
caused
plaintiffs
unconstitutionally
arrested
presenting
judge
complaint
supporting
affidavit
failed
establish
probable
cause
december
rhode
island
state
police
conducting
wiretap
telephone
one
paul
driscoll
acquaintance
respondents
daughter
december
police
intercepted
call
driscoll
unknown
individual
identified
dr
shogun
police
logsheet
summarizes
call
follows
general
conversation
party
went
last
night
caller
says
ca
believe
token
sic
front
jimmy
briggs
caller
passed
louisa
paul
says
nancy
sitting
lap
rolling
thing
app
petitioner
edward
malley
hereafter
petitioner
rhode
island
state
trooper
charge
investigation
driscoll
reviewing
logsheet
december
petitioner
decided
call
shogun
incriminating
drug
parlance
toking
means
smoking
marihuana
rolling
thing
refers
rolling
marihuana
cigarette
petitioner
also
concluded
another
call
monitored
day
showed
party
discussed
driscoll
shogun
took
place
respondents
house
basis
two
calls
petitioner
drew
felony
complaints
charging
respondents
paul
driscoll
unlawfully
conspire
violate
uniform
controlled
substance
act
state
rhode
island
marihuana
possession
complaints
presented
state
district
judge
february
wiretap
driscoll
phone
terminated
accompanying
complaints
unsigned
warrants
respondent
arrest
supporting
affidavits
describing
two
intercepted
calls
petitioner
interpretation
judge
signed
warrants
arrest
respondents
individuals
charged
petitioner
result
information
gathered
wiretap
respondents
arrested
home
shortly
six
morning
march
taken
police
station
booked
held
several
hours
arraigned
released
local
statewide
newspapers
published
fact
respondents
prominent
members
community
arrested
charged
drug
possession
charges
respondents
subsequently
dropped
grand
jury
case
presented
return
indictment
respondents
brought
action
district
district
rhode
island
charging
inter
alia
petitioner
applying
warrants
arrest
violated
rights
fourth
fourteenth
amendments
case
tried
jury
close
respondents
evidence
petitioner
moved
granted
directed
verdict
district
primary
justification
directing
verdict
act
judge
issuing
arrest
warrants
respondents
broke
causal
chain
petitioner
filing
complaint
respondents
arrest
also
stated
officer
believes
facts
stated
affidavit
true
submits
neutral
magistrate
may
thereby
entitled
immunity
objective
reasonableness
standard
harlow
fitzgerald
appeals
first
circuit
reversed
holding
officer
seeks
arrest
warrant
submitting
complaint
supporting
affidavit
judge
entitled
immunity
unless
officer
objectively
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believing
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establish
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cause
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certiorari
order
review
first
circuit
application
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reasonableness
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context
affirm
ii
petitioner
urges
reversal
two
grounds
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context
absolutely
immune
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qualified
immunity
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address
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approach
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footnotes
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petitioner
supervising
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narcotics
investigation
pursuant
order
rhode
island
superior
appears
logged
conversation
recorded
wiretap
jimmy
briggs
luisa
sic
briggs
attended
party
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marihuana
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jury
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harlow
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applies
harlow
however
held
government
officials
performing
discretionary
functions
generally
shielded
liability
civil
damages
insofar
conduct
violate
clearly
established
statutory
constitutional
rights
reasonable
person
known
putting
differently
also
stated
claim
qualified
immunity
defeated
official
knew
reasonably
known
action
took
within
sphere
official
responsibility
violate
constitutional
rights
plaintiff
quoting
wood
strickland
one
point
opinion
today
correctly
recognizes
qualified
immunity
defense
evolved
provides
ample
protection
plainly
incompetent
knowingly
violate
law
ante
emphasis
added
also
says
liability
attach
objective
basis
obvious
reasonably
competent
officer
concluded
warrant
issue
officers
reasonable
competence
disagree
issue
immunity
recognized
ibid
agree
foregoing
characterizations
applicable
standard
official
raises
defense
qualified
immunity
disagree
however
two
major
respects
first
rather
deciding
whether
petitioner
conduct
met
foregoing
standard
remands
trial
issue
yet
recognizes
unless
reasonably
competent
officer
concluded
warrant
issue
petitioner
immune
damages
ibid
view
light
logs
duly
authorized
wiretap
reasonably
competent
officer
believed
warrant
issue
undisputed
wiretaps
initiated
part
drug
investigation
revealed
respondents
attended
party
marihuana
smoked
marihuana
cigarette
may
passed
briggs
another
party
least
inferentially
similar
type
held
respondents
home
harlow
standard
need
consider
whether
information
viewed
every
reasonable
officer
sufficient
evidence
probable
cause
issuance
warrant
police
often
operate
midst
haste
criminal
investigation
ventresca
make
judgment
calls
reasonable
officers
differ
case
logs
wiretap
least
arguably
implicated
respondents
unlawful
activities
see
supra
circumstances
officer
reasonable
competence
believed
wiretap
provided
probable
cause
arrest
respondents
second
perhaps
greater
importance
determining
whether
police
officer
acted
objective
reasonableness
apparently
give
little
evidentiary
weight
finding
probable
cause
magistrate
judicial
officer
quotes
leon
inquiry
confined
objectively
ascertainable
question
whether
reasonably
officer
known
search
illegal
despite
magistrate
authorization
ante
emphasis
added
although
quotation
foreclose
consideration
district
judge
judicial
decision
seems
denigrate
relevance
judge
determination
probable
cause
role
issuance
warrant
view
misconstrues
respective
roles
relationship
police
officer
magistrate
judicial
officer
cases
criminal
defendant
asserted
claims
unconstitutional
search
seizure
consistently
accorded
primary
evidentiary
weight
magistrate
determination
probable
cause
reason
articulated
certainly
none
occurs
less
weight
accorded
magistrate
decision
damages
suit
police
officer
applied
warrant
common
law
long
recognized
reasonable
division
functions
baker
mccollan
law
enforcement
gathering
information
province
police
weighing
judging
information
virtually
exclusive
province
magistrate
lord
mansfield
stated
two
centuries
ago
fit
receiving
judging
information
left
discretion
officer
magistrate
judge
give
certain
directions
officer
leach
three
king
messengers
tr
quoted
district
affirmed
arrest
warrant
represent
efforts
officer
gather
evidence
wrongful
acts
judgment
magistrate
collected
evidence
sufficient
justify
issuance
warrant
district
supra
also
recognized
informed
deliberate
determinations
magistrates
preferred
hurried
actions
officers
lefkowitz
judicial
evaluation
probable
cause
magistrate
essential
checkpoint
government
citizen
steagald
stated
arkansas
sanders
prominent
place
warrant
requirement
given
decisions
reflects
basic
constitutional
doctrine
individual
freedoms
best
preserved
separation
powers
division
functions
among
different
branches
levels
government
district
supra
requiring
conclusions
concerning
probable
cause
scope
search
drawn
neutral
detached
magistrate
instead
judged
officer
engaged
often
competitive
enterprise
ferreting
crime
johnson
minimize
risk
unreasonable
assertions
executive
authority
iii
long
sought
divide
functions
law
enforcement
impose
magistrate
primary
responsibility
determining
whether
warrant
issue
inconsistent
jurisprudence
imply
hold
magistrate
determination
probable
cause
irrelevant
suit
judicial
officer
judgment
call
determining
probable
cause
although
conclusive
entitled
substantial
evidentiary
weight
suits
seeking
impose
personal
liability
police
officer
case
light
judge
determination
evidence
illegal
activity
hold
petitioner
immune
damages
agree
judgment
declining
accord
absolute
immunity
officer
seeking
warrant
join
opinion
dissent
decision
remand
case
trial
immunity
issue
state
police
successfully
sought
additional
arrest
warrants
connection
narcotics
investigation
record
disclose
many
warrants
resulted
indictments
trooper
malley
attachment
affidavit
seeking
warrant
arrest
james
briggs
stated
affiant
upon
oath
reason
believe
believe
grounds
issuance
arrest
warrant
exists
sic
following
facts
belief
founded
persuant
sic
ordered
wire
intercept
december
incoming
call
received
paul
driscoll
recorded
reel
side
footage
unidentified
male
calls
paul
driscoll
doctor
shotgun
sic
general
conversation
reference
party
went
last
night
caller
ca
believe
token
front
jimmy
briggs
caller
passed
luisa
sic
caller
paul
talk
another
party
going
tonight
paul
says
nancy
sitting
lap
rolling
thing
date
reel
footage
male
subject
scott
calls
paul
driscoll
general
conversation
party
jaime
parents
respondents
home
also
went
last
night
referring
jaime
parents
home
james
luisa
briggs
regard
conversation
unidentified
male
called
doctor
shotgun
sic
stated
token
front
jimmy
briggs
affiant
experience
smoking
marijuana
cigarette
front
james
briggs
passed
luisa
luisa
luisa
briggs
passed
marijuana
cigarette
paul
nancy
sitting
lap
rolling
thing
rolling
marijuana
cigarette
app
respondents
sought
million
compensatory
damages
million
punitive
damages
although
affidavit
trooper
malley
stated
marihuana
cigarette
passed
briggs
call
log
simply
caller
passed
louisa
subsequent
call
driscoll
mentioned
louisa
bungershort
probably
connection
party
ibid
possible
marihuana
cigarette
passed
louisa
bungershort
rather
louisa
briggs
trial
briggs
denied
seeing
marihuana
party
receiving
marihuana
cigarette
words
magistrate
judicial
officer
often
used
interchangeably
opinions
shadwick
city
tampa
emphasis
magistrates
directed
need
independent
neutral
detached
judgment
legal
training
north
russell
observes
ideal
system
possible
magistrate
working
docket
pressures
fail
perform
magistrate
ante
question
possibility
magistrates
cases
may
fail
perform
magistrate
one
suggests
case
previously
stated
magistrate
serves
merely
rubber
stamp
police
unable
exercise
mature
judgment
closer
supervision
removal
provides
effective
remedy
exclusionary
rule
leon
also
believe
closer
supervision
removal
provides
effective
remedy
personal
liability
police
officers
ventresca
stated
begin
analysis
fourth
amendment
mindful
fact
case
search
made
pursuant
search
warrant
jones
strongly
supporting
preference
accorded
searches
warrant
indicated
doubtful
marginal
case
search
warrant
may
sustainable
without
one
fall
johnson
chapman
condemning
searches
officers
invaded
premises
without
warrant
plainly
intimated
proper
course
obtaining
warrant
magistrate
followed
magistrate
evidence
available
police
made
finding
probable
cause
search
warrant
sustained
course
instances
plainly
evident
magistrate
judge
ha
business
issuing
warrant
illinois
gates
white
concurring
judgment
magistrate
wholly
abandoned
judicial
role
manner
condemned
sales
new
york
magistrate
approval
warrant
necessarily
probative
whether
officer
request
warrant
objectively
reasonable
course
true
actions
police
must
comport
constitution
police
departments
prosecutors
obligation
instill
understanding
officers
discipline
found
violated
constitution