In a 42 U.S.C. section 1983 action alleging violations of plaintiffs' constitutional rights arising out of the search of their home and the arrest of plaintiffs in connection with a murder they did not commit, summary judgment for defendants is affirmed where: 1) neither of an officer's problematic representations in support of the warrant at issue was critical to the probable cause determination; 2) the issuing judge could reasonably find the information provided by a witness to be reliable under the circumstances; and 3) the language of the warrant was not overbroad.
Argued and Submitted October 6, 2009
Filed December 9, 2009
Opinion by Judge Adelman
Terry Gross, San Francisco, CA
Shelley L. Green and Jason R. Morrish, Stockton, CA