What is the test for immunity for defendants in a civil case where they are defendants in possession of a firearm?
MultiRegion, United States of America
The following excerpt is from Blacksmith v. County of Sierra, 892 F.2d 1045 (9th Cir. 1990):
For purposes of defendants' immunity, the issue is "whether a reasonable officer would have believed that there was probable cause to effect the seizure." Kraus, 793 F.2d at 1109. Probable cause may arise from innocent behaviour; the issue is whether, on the totality of circumstances, there was "a probability or substantial chance of criminal activity." Illinois v. Gates, 462 U.S. 213, 243 n. 13 (1983).
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