Messerschmidt v. Millender

• Decision Date: 22 February 2012
• Docket Number: No. 10–704.,10–704.
• Citation: 132 S.Ct. 1235,182 L.Ed.2d 47,565 U.S. 535
• Parties: Curt MESSERSCHMIDT, et al., Petitioners v. Brenda MILLENDER, as executor of the Estate of Augusta Millender, deceased, et al.
• Court: U.S. Supreme Court

565 U.S. 535

132 S.Ct. 1235

182 L.Ed.2d 47

Curt MESSERSCHMIDT, et al., Petitioners

v.Brenda MILLENDER, as executor of the Estate of Augusta Millender, deceased, et al.

No. 10–704.

Supreme Court of the United States

Argued Dec. 5, 2011.

Decided Feb. 22, 2012.

Timothy T. Coates, Los Angeles, CA, for Petitioners.

Sri Srinivasan, Washington, DC, for the United States, as amicus curiae, by special leave of the Court, supporting the Petitioners.

Paul R.Q. Wolfson, Washington, DC, for Respondents.

Timothy T. Coates, Counsel of Record, Lillie Hsu, Greines, Martin, Stein & Richland LLP, Eugene P. Ramirez, Julie M. Fleming, Manning & Marder, Kass, Ellrod, Ramirez LLP, Los Angeles, CA, for Petitioners Curt Messerschmidt and Robert J. Lawrence.

Paul R.Q. Wolfson, Shirley Cassin Woodward, Joshua M. Salzman, Sonya L. Lebsack, Madhu Chugh, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, Robert Mann, Counsel of Record, Donald W. Cook, Olu K. Orange, Orange Law Offices, Los Angeles, CA, for Respondents.

Chief Justice ROBERTS delivered the opinion of the Court.

Petitioner police officers conducted a search of respondents' home pursuant to a warrant issued by a neutral magistrate. The warrant authorized a search for all guns and gang-related material, in connection with the investigation of a known gang member for shooting at his ex-girlfriend with a pistol-gripped sawed-off shotgun, because she had "call [ed] the cops" on him. App. 56. Respondents brought an action seeking to hold the officers personally liable under 42 U.S.C. § 1983, alleging that the search violated their Fourth Amendment rights because there was not sufficient probable cause to believe the items sought were evidence of a crime. In particular, respondents argued that there was no basis to search for all guns simply because the suspect owned and had used a sawed-off shotgun, and no reason to search for gang material because the shooting at the ex-girlfriend for "call [ing] the cops" was solely a domestic dispute. The Court of Appeals for the Ninth Circuit held that the warrant was invalid, and that the officers were not entitled to immunity from personal liability because this invalidity was so obvious that any reasonable officer would have recognized it, despite the magistrate's approval. We disagree and reverse.

I

A

Shelly Kelly decided to break off her romantic relationship with Jerry Ray Bowen and move out of her apartment, to which Bowen had a key. Kelly feared an attack from Bowen, who had previously assaulted her and had been convicted of multiple violent felonies. She therefore asked officers from the Los Angeles County Sheriff's Department to accompany her while she gathered her things. Deputies from the Sheriff's Department came to assist Kelly but were called away to respond to an emergency before the move was complete.

As soon as the officers left, an enraged Bowen appeared at the bottom of the stairs to the apartment, yelling "I told you never to call the cops on me bitch!" App. 39, 56. Bowen then ran up the stairs to Kelly, grabbed her by her shirt, and tried to throw her over the railing of the second-story landing. When Kelly successfully resisted, Bowen bit her on the shoulder and attempted to drag her inside the apartment by her hair. Kelly again managed to escape Bowen's grasp, and ran to her car. By that time, Bowen had retrieved a black sawed-off shotgun with a pistol grip. He ran in front of Kelly's car, pointed the shotgun at her, and told Kelly that if she tried to leave he would kill her. Kelly leaned over, fully depressed the gas pedal, and sped away. Bowen fired at the car a total of five times, blowing out the car's left front tire in the process, but Kelly managed to escape.

Kelly quickly located police officers and reported the assault. She told the police what had happened—that Bowen had attacked her after becoming "angry because she had called the Sheriff's Department"—and she mentioned that Bowen was "an active member of the ‘Mona Park Crips,’ " a local street gang. Id., at 39. Kelly also provided the officers with photographs of Bowen.

Detective Curt Messerschmidt was assigned to investigate the incident. Messerschmidt met with Kelly to obtain details of the assault and information about Bowen. Kelly described the attack and informed Messerschmidt that she thought Bowen was staying at his foster mother's home at 2234 East 120th Street. Kelly also informed Messerschmidt of Bowen's previous assaults on her and of his gang ties.

Messerschmidt then conducted a background check on Bowen by consulting police records, California Department of Motor Vehicles records, and the "cal-gang" database. Based on this research, Messerschmidt confirmed Bowen's connection to the 2234 East 120th Street address. He also confirmed that Bowen was an "active" member of the Mona Park Crips and a "secondary" member of the Dodge City Crips. Id., at 64. Finally, Messerschmidt learned that Bowen had been arrested and convicted for numerous violent and firearm-related offenses. Indeed, at the time of the investigation, Bowen's "rapsheet" spanned over 17 printed pages, and indicated that he had been arrested at least 31 times. Nine of these arrests were for firearms offenses and six were for violent crimes, including three arrests for assault with a deadly weapon (firearm). Id., at 72–81.

Messerschmidt prepared two warrants: one to authorize Bowen's arrest and one to authorize the search of 2234 East 120th Street. An attachment to the search warrant described the property that would be the object of the search:

"All handguns, rifles, or shotguns of any caliber, or any firearms capable of firing ammunition, or firearms or devices modified or designed to allow it [sic ] to fire ammunition. All caliber of ammunition, miscellaneous gun parts, gun cleaning kits, holsters which could hold or have held any caliber handgun being sought. Any receipts or paperwork, showing the purchase, ownership, or possession of the handguns being sought. Any firearm for which there is no proof of ownership. Any firearm capable of firing or chambered to fire any caliber ammunition.

"Articles of evidence showing street gang membership or affiliation with any Street Gang to include but not limited to any reference to ‘Mona Park Crips', including writings or graffiti depicting gang membership, activity or identity. Articles of personal property tending to establish the identity of person [sic ] in control of the premise or premises. Any photographs or photograph albums depicting persons, vehicles, weapons or locations, which may appear relevant to gang membership, or which may depict the item being sought and or believed to be evidence in the case being investigated on this warrant, or which may depict evidence of criminal activity. Additionally to include any gang indicia that would establish the persons being sought in this warrant, affiliation or membership with the ‘Mona Park Crips' street gang." Id., at 52.

Two affidavits accompanied Messerschmidt's warrant applications. The first affidavit described Messerschmidt's extensive law enforcement experience, including that he had served as a peace officer for 14 years, that he was then assigned to a "specialized unit" "investigating gang related crimes and arresting gang members for various violations of the law," that he had been involved in "hundreds of gang related incidents, contacts, and or arrests" during his time on the force, and that he had "received specialized training in the field of gang related crimes" and training in "gang related shootings." Id., at 53–54.

The second affidavit—expressly incorporated into the search warrant—explained why Messerschmidt believed there was sufficient probable cause to support the warrant. That affidavit described the facts of the incident involving Kelly and Bowen in great detail, including the weapon used in the assault. The affidavit recounted that Kelly had identified Bowen as the assailant and that she thought Bowen might be found at 2234 East 120th Street. It also reported that Messerschmidt had "conducted an extensive background search on the suspect by utilizing departmental records, state computer records, and other police agency records," and that from that information he had concluded that Bowen resided at 2234 East 120th Street. Id., at 58.

The affidavit requested that the search warrant be endorsed for night service because "information provided by the victim and the cal-gang data base" indicated that Bowen had "gang ties to the Mona Park Crip gang" and that "night service would provide an added element of safety to the community as well as for the deputy personnel serving the warrant." Id., at 59. The affidavit concluded by noting that Messerschmidt "believe[d] that the items sought" would be in Bowen's possession and that "recovery of the weapon could be invaluable in the successful prosecution of the suspect involved in this case, and the curtailment of further crimes being committed." Ibid .

Messerschmidt submitted the warrants to his supervisors—Sergeant Lawrence and Lieutenant Ornales—for review. Deputy District Attorney Janet Wilson also reviewed the materials and initialed the search warrant, indicating that she agreed with Messerschmidt's assessment of probable cause. Id ., at 27, 47. Finally, Messerschmidt submitted the warrants to a magistrate. The magistrate approved the warrants and authorized night service.

The search warrant was served two days later by a team of officers that included Messerschmidt and Lawrence. Sheriff's deputies forced open the front door of 2234 East 120th Street and encountered Augusta Millender—a woman in her seventies—and Millender's daughter and grandson. As instructed by the police, the Millenders went outside while the residence was secured but remained in the living room while the search was conducted. Bowen was not found in the residence. The search did, however, result in the seizure of Augusta Millender's shotgun, a California Social Services...