wilson et al layne deputy marshal et argued march decided may executing warrant arrest petitioners son home respondents deputy federal marshals local sheriff deputies invited newspaper reporter photographer accompany warrant made mention media officers early morning entry home prompted confrontation petitioners protective sweep revealed son house reporters observed photographed incident involved execution warrant newspaper never published photographs took incident petitioners sued officers personal capacities money damages bivens six unknown fed narcotics agents federal marshals sheriff deputies contending officers actions bringing media observe record attempted execution arrest warrant violated fourth amendment rights district denied respondents motion summary judgment basis qualified immunity reversing appeals declined decide whether officers actions violated fourth amendment concluded held time search media presence police entry residence constituted violation right allegedly violated clearly established thus respondents entitled qualified immunity held media home violates fourth amendment state law clearly established time entry case took place respondent officers entitled qualified immunity pp qualified immunity analysis identical suits bivens see graham connor evaluating qualified immunity claim must first determine whether plaintiff alleged deprivation constitutional right proceed determine whether right clearly established time violation conn gabbert pp violates fourth amendment rights homeowners police bring members media third parties home execution warrant presence third parties home aid warrant execution amendment embodies principles respect privacy home apply police enter home authority arrest warrant order take custody suspect named warrant payton new york necessarily follow fact officers entitled enter petitioners home entitled bring reporter photographer fourth amendment requires police actions execution warrant related objectives authorized intrusion see arizona hicks certainly presence reporters engage execution warrant assist police task related objective authorized intrusion apprehension petitioners son taken entirety reasons advanced respondents support reporters presence publicizing government efforts combat crime facilitating accurate reporting law enforcement activities minimizing police abuses protecting suspects officers fall short justifying media although presence third parties execution warrant may circumstances constitutionally permissible presence third parties pp petitioners fourth amendment right clearly established time search clearly established qualified immunity purposes means contours right must sufficiently clear reasonable official understand violates right action need previously held unlawful light law unlawfulness must apparent anderson creighton unreasonable police officer time issue believed bringing media observers along execution arrest warrant even home lawful first constitutional question presented case means open shut accurate media coverage police activities serves important public purpose obvious fourth amendment general principles officers conduct case violated amendment second petitioners cited cases controlling authority jurisdiction time question clearly established rule seek rely identified consensus cases persuasive authority reasonable officer believed actions lawful finally federal marshals case relied marshal service policy explicitly contemplated media entry private homes sheriff deputies program expressly prohibit entries state law best undeveloped relevant time officers expected predict future course constitutional law procunier navarette pp affirmed rehnquist delivered opinion unanimous respect parts ii opinion respect part iii scalia kennedy souter thomas ginsburg breyer joined stevens filed opinion concurring part dissenting part charles wilson et et al petitioners harry layne deputy marshal et al writ certiorari appeals fourth circuit may chief justice rehnquist delivered opinion executing arrest warrant private home police officers invited representatives media accompany hold media ride along violate fourth amendment state law clearly established time search case took place officers entitled defense qualified immunity early attorney general approved operation gunsmoke special national fugitive apprehension program marshals worked state local police apprehend dangerous criminals operation gunsmoke policy statement explained operation concentrate armed individuals wanted federal state local warrants serious drug violent felonies app effective program ultimately resulted arrests metropolitan areas brief federal respondents layne et al one dangerous fugitives identified target operation gunsmoke dominic wilson son petitioners charles geraldine wilson dominic wilson violated probation previous felony charges robbery theft assault intent rob police computer listed caution indicators likely armed resist arrest assaul police app computer also listed address north stonestreet avenue rockville maryland unknown police actually home petitioners dominic wilson parents thus april circuit montgomery county issued three arrest warrants dominic wilson one probation violations warrants addressed duly authorized peace officer commanded officers arrest bring immediately circuit answer indictment probation violation warrants made mention media presence assistance early morning hours april gunsmoke team deputy marshals montgomery county police officers assembled execute dominic wilson warrants team accompanied reporter photographer washington post invited marshals accompany mission part marshal service policy around officers media representatives tow entered dwelling north stonestreet avenue lincoln park neighborhood rockville petitioners charles geraldine wilson still bed heard officers enter home petitioner charles wilson dressed pair briefs ran living room investigate discovering least five men street clothes guns living room angrily demanded state business repeatedly cursed officers believing angry dominic wilson officers quickly subdued floor geraldine wilson next entered living room investigate wearing nightgown observed husband restrained armed officers protective sweep completed officers learned dominic wilson house departed time officers home washington post photographer took numerous pictures print reporter also apparently living room observing confrontation police charles wilson time however reporters involved execution arrest rant brief federal respondents layne et al washington post never published photographs incident petitioners sued law enforcement officials personal capacities money damages bivens six unknown fed narcotics agents marshals service respondents rev stat montgomery county sheriff department respondents contended officers actions bringing members media observe record attempted execution arrest warrant violated fourth amendment rights district denied respondents motion summary judgment basis qualified immunity interlocutory appeal appeals divided panel reversed held respondents entitled qualified immunity case twice reheard en banc divided appeals upheld defense qualified immunity appeals declined decide whether actions police violated fourth amendment concluded instead held time search media presence police entry residence violated fourth amendment right allegedly violated petitioners clearly established thus qualified immunity proper five judges dissented arguing officers actions violate fourth amendment clearly established protections fourth amendment violated case id opinion murnaghan recognizing split among circuits issue granted certiorari case another raising question hanlon berger affirm appeals although different reasoning ii petitioners sued federal officials bivens state officials bivens allow plaintiff seek money damages government officials violated fourth amendment rights see bivens supra government officials performing discretionary functions generally granted qualified immunity shielded liability civil damages insofar conduct violate clearly established statutory constitutional rights reasonable person known harlow fitzgerald although case involves suits bivens qualified immunity analysis identical either cause action see graham connor malley briggs evaluating claim qualified immunity must first determine whether plaintiff alleged deprivation actual constitutional right proceed determine whether right clearly established time alleged violation conn gabbert slip order procedure designed spare defendant unwarranted liability unwarranted demands customarily imposed upon defending long lawsuit siegert gilley deciding constitutional question addressing qualified immunity question also promotes clarity legal standards official conduct benefit officers general public see county sacramento lewis turn fourth amendment question english made observation house every one castle fortress well defence injury violence repose semayne case eng commentaries laws england william blackstone noted law england particular tender regard immunity man house stiles castle never suffer violated impunity agreeing herein sentiments antient rome reason doors general broken open execute civil process though criminal causes public safety supersedes private william blackstone commentaries laws england fourth amendment embodies principle respect privacy home right people secure persons houses papers effects unreasonable searches seizures shall violated warrants shall issue upon probable cause supported oath affirmation particularly describing place searched persons things seized const amd iv emphasis added see also district hysical entry home chief evil wording fourth amendment directed decisions applied basic principles fourth amendment situations like case police enter home authority arrest warrant order take custody suspect named warrant payton new york noted although clear protection home tradition time drafting fourth amendment ambivalent question whether police enter home without warrant ultimately persuaded overriding respect sanctity home embedded traditions since origins republic meant absent warrant exigent circumstances police enter home make arrest decided arrest warrant founded probable cause implicitly carries limited authority enter dwelling suspect lives reason believe suspect within ibid course officers warrant undoubtedly entitled enter wilson home order execute arrest warrant dominic wilson necessarily follow entitled bring newspaper reporter photographer horton california held scope search exceeds permitted terms validly issued warrant character relevant exception warrant requirement subsequent seizure unconstitutional without mean every police action inside home must explicitly authorized text warrant see michigan summers fourth amendment allows temporary detainer homeowner police search home pursuant warrant fourth amendment require police actions execution warrant related objectives authorized intrusion see arizona hicks see also maryland garrison purposes justifying police search strictly limit permissible extent search certainly presence reporters inside home related objectives authorized intrusion respondents concede reporters engage execution warrant assist police task reporters therefore present reason related justification police entry home apprehension dominic wilson case presence third parties directly aided execution warrant police enter home authority warrant search stolen property presence third parties purpose identifying stolen property long approved tradition see entick carrington tr search stolen goods case owner must swear goods lodged place must attend execution warrant shew officer must see answer description quoted approval boyd respondents argue presence washington post reporters wilsons home nonetheless served number legitimate law enforcement purposes first assert officers able exercise reasonable discretion law enforcement mission permit members news media accompany executing warrant brief respondents layne et al claim ignores importance right residential privacy core fourth amendment may well media law enforcement objectives police general sense furthering purposes search generalized law enforcement objectives sufficient trump fourth amendment protections guaranteed amendment text significantly watered respondents next argue presence third parties serve law enforcement purpose publicizing government efforts combat crime facilitate accurate reporting law enforcement activities certainly language opinions interpreting first amendment points importance press informing general public administration criminal justice cox broadcasting cohn example said society individual limited time resources observe first hand operations government relies necessarily upon press bring convenient form facts operations see also richmond newspapers virginia one gainsay truth observations importance first amendment protecting press freedom abridgement government fourth amendment also protects important right present case terms right media must judged surely possibility good public relations police simply enough standing alone justify intrusion private home even need accurate reporting police issues general bears direct relation constitutional justification police intrusion home order execute felony arrest warrant finally respondents argue presence third parties serve situations minimize police abuses protect suspects also protect safety officers might reasonable police officers videotape home entries part quality control effort ensure rights homeowners respected even preserve evidence cf ohio robinette noting use mounted video camera record details routine traffic stop situation significantly different media presence case washington post reporters wilsons home working story purposes present purpose protecting officers much less wilsons private photographer acting private purposes evidenced part fact newspaper police retained photographs thus although presence third parties execution warrant may circumstances constitutionally permissible see supra presence third parties reasons advanced respondents taken entirety fall short justifying presence media inside home hold violation fourth amendment police bring members media third parties home execution warrant presence third parties home aid execution warrant iii since police action case violated petitioners fourth amendment right must decide whether right clearly established time search see siegert noted supra government officials performing discretionary functions generally granted qualified immunity shielded liability civil damages insofar conduct violate clearly established statutory constitutional rights reasonable person known harlow fitzgerald means practice whether official protected qualified immunity may held personally liable allegedly unlawful official action generally turns objective legal reasonableness action assessed light legal rules clearly established time taken anderson creighton citing harlow supra see also graham connor anderson explained clearly established means context depends largely upon level generality relevant legal rule established clearly established purposes qualified immunity means contours right must sufficiently clear reasonable official understand violates right say official action protected qualified immunity unless action question previously held unlawful say light law unlawfulness must apparent internal citations omitted see also lanier plausibly asserted violation fourth amendment clearly established since clearly established protections fourth amendment apply actions police variation theory qualified immunity urged upon us petitioners brief petitioner seems core dissenting opinion appeals see however explained anderson right allegedly violated must defined appropriate level specificity determine clearly established anderson case appropriate question objective inquiry whether reasonable officer believed bringing members media home execution arrest warrant lawful light clearly established law information officers possessed cf ibid hold unreasonable police officer april believed bringing media observers along execution arrest warrant even home lawful first constitutional question presented case means open shut fourth amendment protects rights homeowners entry without warrant warrant question whether invitation media exceeded scope search authorized warrant accurate media coverage police activities serves important public purpose obvious general principles fourth amendment conduct officers case violated amendment second although media one sort another apparently become common police practice judicial opinions holding practice became unlawful entered home published decision directly point state intermediate decision though engage extensive fourth amendment analysis nonetheless held conduct unreasonable prahl brosamle app federal courts parties identified two unpublished district decisions dealing media entry homes upheld search unorthodox amendment right privacy theories moncrief hanton media rptr nd ohio higbee media rptr sd cal cases course clearly establish media entry homes police violates fourth amendment slightly higher level generality petitioners point bills aseltine appeals sixth circuit held material issues fact precluding summary judgment question whether police exceeded scope search warrant allowing private security guard participate search identify stolen property described warrant bills decided mere five weeks events case anticipate today holding police may bring along third parties entry private home pursuant warrant purposes unrelated justifying warrant however say even light bills law entry homes clearly established april petitioners brought attention cases controlling authority jurisdiction time incident clearly established rule seek rely identified consensus cases persuasive authority reasonable officer believed actions lawful finally important conclusion reliance marshals case marshal service policy explicitly contemplated media engaged might enter private homes cameras part fugitive apprehension arrests montgomery county sheriff department also time program expressly prohibit media entry private homes deposition sheriff raymond kight policy course make reasonable belief contrary decided body case law state law third parties accompanying police home entries best undeveloped unreasonable law enforcement officers look rely formal policies given undeveloped state law officers case expected predict future course constitutional law procunier navarette see also wood strickland pierson ray time events case today decision split among federal circuits fact developed question whether media enter homes subject police money damages see ayeni mottola cert denied parker boyer cert denied berger hanlon cert granted judges thus disagree constitutional question unfair subject police money damages picking losing side controversy foregoing reasons judgment appeals affirmed ordered charles wilson et et al petitioners harry layne deputy marshal et al writ certiorari appeals fourth circuit may justice stevens concurring part dissenting part like every federal appellate judge addressed question share opinion violates fourth amendment police bring members media third parties private dwelling execution warrant unless homeowner consented presence third parties aid execution warrant therefore join parts ii opinion view however homeowner right protection type trespass clearly established long april sincere respect competence typical member law enforcement profession precludes assent suggestion reasonable officer believed bringing members media home execution arrest warrant lawful ante therefore disagree resolution conflict circuits qualified immunity issue clarity constitutional rule federal statute decisions testimony senior law enforcement officer support position long clearly established officers may bring third parties private homes witness execution warrant contrast opposing view finds support following sources bare assertion constitutional question means open shut ante three judicial opinions directly address constitutional question ante public relations booklet prepared someone marshals service never mentions allowing representatives media enter private property without owner consent ante decision today announced new rule constitutional law rather refused recognize entirely unprecedented request exception principle police action execution warrant must strictly limited objectives authorized intrusion principle like broader protection provided fourth amendment represents confluence two important sources english forefathers traditional respect sanctity private home american colonists hatred general warrant contours rule fairly described ante opinion cases cites pages cases decided none cases indeed aware identified exception rule law repeats today fact opinion fails identify colorable rationale exception respondents position merits consisted entirely unpersuasive factual submission presence representatives news media served various legitimate albeit nebulous law enforcement purposes cogent rejection post hoc rationalizations characterized announcement new rule law service heard lawyers argue scores cases raising fourth amendment issues generally speaking members sensitive needs law enforcement community virtually least one justice thought police conduct reasonable fact handful unanimously find fourth amendment violation today speaks single voice merits constitutional question unusual certainly lends support notion question indeed open shut ante important basis opinion perfectly obvious officers invitation media exceeded scope search authorized warrant ibid despite reaffirming clear rule nonetheless finds mere presence warrant rendered officers conduct reasonable fails cite single case even arguably supports proposition using official power enable news photographers reporters enter private home purposes unrelated execution warrant regarded reasonable invasion either property privacy ii absence judicial opinions expressly holding police violate fourth amendment bring media representatives private homes provides scant support conclusion competent officer reasonably believe lawful prior decision lanier judicial opinion specifically held unconstitutional state judge use official power extort sexual favors potential litigant yet unanimously concluded defendant fair warning violating victim constitutional rights id easiest cases even arise citations internal quotation marks omitted persuaded absence rulings precise fourth amendment issue presented case plausibly explained assumption police practice common assume practice allowing media personnel ride along police officers common mean officers routinely allowed media enter homes without consent owners florida noted florida publishing fletcher long widespread practice firefighters allow photographers enter disaster areas take pictures example interior buildings severely damaged fire conclusion media personnel trespassers rested doctrine implied consent theory wholly inapplicable forcible entries connection execution warrant addition case points three lower opinions none addresses fourth amendment ostensible basis reasonable officer belief rule semayne case ripe reevalution see ante two cases decided third view clear restatement rule later opinions cited ante three earlier decisions possibly provide basis claim police reasonably relied judicial recognition exception basic rule purposes police intrusion strictly limit scope two federal decisions officially reported makes theoretical reliance especially anomalous moreover acknowledges claim rejected cases predicated media alleged violation plaintiffs unorthodox amendment right privacy theories ante rather claim officers violated fourth amendment allowing press observe execution warrant moncrief hanton media rptr nd ohio higbee media rptr sd cal case prahl brosamle app cited ante proposition officer conduct unreasonable actually held defendants motion dismiss denied allegations supported conclusion officer committed trespass allowed third party enter plaintiff property since conclusion fully consistent number cases holding similar conduct constituted trespass surely provide support officer assumption similar trespass lawful far better evidence officer reasonable understanding relevant law provided testimony sheriff montgomery county commanding officer three respondents never let civilian home allowed brief petitioner iii disturbing aspect ruling qualified immunity issue reliance document discussing apparently prepared employee public relations office marshals service text document portions set appendix makes quite clear author lawyer rather person concerned developing proper public image service special interest creating favorable impression congress although document occupies pages joint appendix suggests handing free marshals service caps grease skids contains discussion conditions must satisfied newsperson may authorized enter private property execution warrant app guidelines officers act speak front camera document indicate camera enter private home signal given however purport give guidance marshals regarding signal given whether ever given without consent homeowner indeed carry part law enforcement mission notion member cadre professionals rely document guidance performance dangerous law enforcement assignments farfetched merit serious consideration defense qualified immunity exists protect reasonable officers personal liability official actions later found violation constitutional rights clearly established conduct case reminds us contravened fourth amendment core protection home shielding conduct implicated unsettled margins jurisprudence today authorizes one free violation rule reaffirms respectfully dissent appendix opinion tevens media marshals service like federal agencies ultimately serves needs interests american public accomplishes designated duties keeping public adequately informed service viewed duty right depend news media accomplish media one effective method promote accurate picture deputy marshals work name implies simply opportunities reporters camera crews go along deputies operational missions see record actually happens result usually graphic dynamic look operational activities marshals service subsequently aired tv printed newspaper magazine book however successful happen spontaneous fashion require careful planning attention detail ensure goes smoothly media receive accurate picture marshals service operates booklet describes considerations important nearly every app establish ground rules another good idea actually essential one establish ground rules start convey reporter camera person address things covered cameras privacy restrictions may encountered interview guidelines emphasize need safety considerations explain dangers might involved make ground rules realistic balanced remember media want good action footage scene arrest planned take place inside house building agree ahead time camera enter give signal best planning wo result good marshals service personnel involved part case actions speaking loudly words important getting best media exposure possible waving one action special consequence waving flag marshals service accomplished deputies easily recognized usms deputies wearing raid jackets prominently displaying badges exhibiting easily identifiable marks service want public know kind job one goals deputy marshals easily identified camera whim important overall success course deputies act say also crucial virtually statement made deputies might end quote attributed person made sometimes prove embarrassing deputy must try visualize words look like newspaper sound like tv pleasant professional times key includes drawn statements personal opinion inappropriate comments using common sense rule also need find coverage air end print ask reporter keep informed matter might grease skids offering reporter camera person media representatives involved memento marshals service marshals service caps mugs like help establish rapport reporter benefit future getting final product naturally important see final product airs tv appears newspaper arrange videotape tv news coverage clip resulting newspaper stories send copy videotape news clipping office congressional public affairs footnotes warrants identical relevant respects way example one read follows state maryland duly authorized peace officer greeting hereby commanded take dominic jerome wilson shall found bailiwick immediately circuit montgomery county session judicial center rockville answer indictment information criminal appeals unto state maryland concerning certain charge robbery violation probation committed hath presented forth hereof fail peril writ witness app even though actions might violate fourth amendment police lawfully present violation fourth amendment presence media presence police home occasion decide whether exclusionary rule apply evidence discovered developed media representatives see florida publishing fletcher widespread practice media accompany officers homes cert denied zoglin live vice beat time noting increasingly common practice letting tv crews tag along drug raids booklet distributed marshals recommended fugitive apprehension cases normally offer best possibilities app discussion best way make useful media portray marshal service favorable light booklet noted reporters likely want able shoot good action footage scene advised agents arrest planned take place inside house building agree ahead time camera enter give signal footnotes important emphasize split circuit authority merits constitutional issue explain infra believe district reached conclusion odds fourth amendment holding conflict limited qualified immunity issue three circuits rejected defense whereas fourth eighth accepted see ayeni mottola bills aseltine berger hanlon en banc parker boyer florida held trial properly determined record genuine issue material fact insofar entry respondent home petitioner employees became lawful pursuant doctrine common custom usage practice since shown common usage custom practice news media enter private premises homes circumstances present fire disaster great public interest longstanding custom practice throughout country representatives news media enter upon private property disaster great public interest occurred reference case ante misleadingly suggests widespread practice referred florida opinion police practice indeed wisconsin decision cited contrary authority took pains distinguish case imply consent matter law course well known news representatives want enter private building even newsworthy event within building knowledge basis implied consent possessor building entry conclude custom usage shown fact law confer implied consent upon news representatives enter building circumstances presented case prahl brosamle app notes federal appeals authority subject bills aseltine anticipate today holding police may bring along third parties entry private home pursuant warrant purposes unrelated justifying warrant ante fourth circuit unreported opinions may considered course determining qualified immunity hogan carter prahl bronsamle new trial must respect plaintiffs claims trespass lieutenant kuenning dane country lieutenant kuenning authority extend consent press enter land another although entry lieutenant kuenning privileged committed trespass participating trespass press correct wisconsin appeals upheld dismissal plaintiff claim newscaster acting color state law basis rejecting action invasion privacy based disclosure incident held unwilling accept proposition filming television broadcast reasonable search seizure without result unreasonableness important conclusion observation unlike unnecessary male participation body searches schoolgirls doe duter supp wd either search prahl premises film broadcast shown include intimate offensive vulgar aspects ibid reporter question stationed entryway building able film plaintiff office police interview see daingerfield thompson seems indeed principle law better settled numerous authorities may cited necessary persons wrongfully contribute manner commission trespass responsible principals one liable extent injury done see also keeton dobbs keeton owen prosser keeton law torts ed