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.
Argued and Submitted November 21, 2008
Filed July 30, 2009
Opinion by Judge Hawkins
Dissent by Judge Pregerson
Blithe S. Bock, Deputy City Attorney, Los Angeles, CA