Can a court grant immunity from liability for search and seizure damages to a police officer who reasonably but mistakenly believed that he had reasonable cause or probable cause to search?

MultiRegion, United States of America

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.

Other Questions


What is the test for granting qualified immunity from liability for civil damages in a civil case brought by a police officer who searched a vehicle during a search? (MultiRegion, United States of America)
Does a search within the boundaries of the consent of a police community support officer (police constable) violate the consent granted by the Superior Court? (MultiRegion, United States of America)
Can a police officer conduct a warrantless search of an automobile, including the containers within it, when they have probable cause to believe that the vehicle contains contraband or evidence of criminal activity? (MultiRegion, United States of America)
Does reasonable cause and probable cause overlap with reasonable cause? ("New York", United States of America)
Is a police officer's knowledge of the facts sufficient to constitute probable cause sufficient to be considered probable cause? (MultiRegion, United States of America)
What is the burden of proof for a plaintiff to prove that a police officer violated their right to search and search in search and seizure? (MultiRegion, United States of America)
Does a district court's supplemental jury instruction in a civil case allow police officers to handcuff an individual in the absence of probable cause? (MultiRegion, United States of America)
Is an arresting officer entitled to qualified immunity from damages on a claim for arrest without probable cause? (MultiRegion, United States of America)
What is the test for a police search and seizure of electronic equipment by officers during a search of a man's home? (MultiRegion, United States of America)
When there is no probable cause to arrest, does a police officer have qualified immunity from a claim of false arrest? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.