In a 42 U.S.C. section 1983 action alleging a wrongful arrest, dismissal of plaintiff's claims on qualified immunity grounds is affirmed where the exigent circumstances exception to the warrant requirement applied because there was a danger that evidence would be imminently destroyed.
Argued: June 17, 2009
Decided and Filed: August 21, 2009
Opinion by Judge Gilman
Dissent by Judge Moore