The following excerpt is from Thorsted v. Kelly, 858 F.2d 571 (9th Cir. 1988):
Appellees could ... qualify for immunity from damages if they reasonably, but mistakenly, believed that they had reasonable cause or probable cause to search appellants. Similarly, if the appellees reasonably believed that [the students] had legally consented to the search, they would also be entitled to such immunity. And although the antecedent inquiry, whether legal rights have been settled, may often best be resolved by the trial judge, see Harlow v. Fitzgerald, the existence of a reasonable belief that a search is lawful, viewed in light of the "settled" nature of the law, is a question for the trier of fact.
Id. at 1466-67 (citation omitted).
Upon examination of the evidence presented to the jury, the majority nevertheless found that the officials had not "satisfied their burden to show affirmatively that their conduct 'was justified by an objectively reasonable belief that it was lawful.' " Id. at 1469 (quoting Gomez v. Toledo, 446 U.S. 635, 640, 100 S.Ct. 1920, 1924, 64 L.Ed.2d 572 (1980)). 3 Accordingly, it reversed the trial court's denial of the students' motion for judgment notwithstanding the verdict. Id.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.