Perez v. Simmons
| Decision Date | 18 April 1990 |
| Docket Number | No. 86-6663,86-6663 |
| Citation | 900 F.2d 213 |
| Parties | Irma Jean PEREZ, Plaintiff-Appellant, v. Wayne A. SIMMONS; James Nalls; Thomas Miller; Marks Meske; and City of Santa Barbara, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Before HUG, ALARCON, and KOZINSKI, Circuit Judges.
Following a petition for rehearing filed by the Government, the opinion in this case, filed August 31, 1989, Perez v. Simmons, 884 F.2d 1136 (9th Cir.1989), is amended as follows:
Page 1140, first paragraph in second column. The last sentence should be modified to read:
"However, if the officers did not have reasonable grounds for believing that Albert resided in the apartment, the search was illegal under Steagald."
Page 1142, first paragraph in first column. The second sentence in the first full paragraph should be changed to read:
"Unless a jury finds that the officers had reasonable grounds for believing that Albert was a co-resident of the apartment, and for believing that Albert was in the apartment at the time, see Payton, 445 U.S. at 603 100 S.Ct. at 1388, the search was in violation of Irma Perez's constitutional rights."
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Motley v. Parks
...an arrest warrant only if they have probable cause to believe the person named in the warrant resides there." Id. (citing Perez v. Simmons, 900 F.2d 213 (9th Cir.1990), amending 884 F.2d 1136 (9th Cir.1989); Dally, 606 F.2d 861) (emphasis While at first glance Harper appears to clarify the ......
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U.S. v. Acosta
... ... See Perez v. Simmons, 884 F.2d 1136 (1988), modified, 900 F.2d 213 (9th Cir.1990) 1 ; United States v. Ramirez, 770 F.2d 1458, 1460 (9th Cir.1985); United ... ...
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Motley v. Parks
... ... Nevertheless, the development of our precedent in related contexts proves instructive ... In Perez v. Simmons, officers searched the home of Irma Perez, without her consent, while looking for her brother who was on probation and the subject of an ... ...
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State v. Howard
...does not carry with it the authority to enter the homes of third persons. Steagald v. United States * * *. Thus, in Perez v. Simmons, 900 F.2d 213 (9th Cir.1990), amending 884 F.2d 1136 (9th Cir.1989), we held that the police may enter a home with an arrest warrant only if they have probabl......