Can a police officer be qualified immunity from Fourth Amendment violations if he objectively could have believed that his conduct was lawful?

We recently held that an officer has qualified immunity from Fourth Amendment violations if he objectively could have believed that his conduct was lawful in light of clearly established law governing the conduct at issue. Act Up!/ Portland v. Bagley, No. 90-35888, slip op. 1071, 1076 (9th Cir. Feb. 10, 1993). Because the question of qualified immunity "should be determined by the district court at the earliest possible point in the litigation," we stated that whether the law governing the conduct at issue is clearly established and whether the facts alleged could support a reasonable belief that probable cause existed are both questions of law to be decided by the court. Id. at 1079. Thus a case involving qualified immunity will proceed to trial only "[i]f a genuine issue of fact exists preventing a determination of qualified immunity at summary judgment...." Id.