Sanchez v. Canales, No. 06-55584 - U.S. Ninth Circuit
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Sanchez v. Canales, No. 06-55584

In a 42 U.S.C. section 1983 action claiming that plaintiffs were unlawfully detained during defendant-officers' search of their home, district court's partial denial of qualified immunity to defendants is reversed where, given that officers may search the home of a parolee or probationer without a warrant so long as the officers have probable cause to believe they are at the address where the parolee resides, there is no need to be concerned that a neutral magistrate had not approved the reasonableness of the compliance search.

Read Sanchez v. Canales, No. 06-55584

Appellate Information

Argued and Submitted November 21, 2008

Filed July 30, 2009

Judges

Opinion by Judge Hawkins

Dissent by Judge Pregerson

Counsel

For Appellants:

Blithe S. Bock, Deputy City Attorney, Los Angeles, CA

For Appellees:

Marion R. Yagman, Yagman & Yagman & Reichmann, Venice Beach, CA

Stephen Yagman, Yagman & Yagman & Reichmann, Venice Beach, CA