RICHARD MANRIQUEZ V. JOEL ENSLEY, No. 20-16917 (9th Cir. 2022)
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The police officers at first complied with the requirement that a warrant includes a description of the “place to be searched,” by obtaining a warrant that listed a motel room suspected of being a hub for drug trafficking. The officers then decided to search the suspect’s home as well and asked the judge over the phone to expand the scope of the warrant to include the home. The judge agreed, but the officers did not physically amend the warrant.
The Ninth Circuit reversed the district court’s denial of qualified immunity. The panel agreed with the district court that the officers violated the Fourth Amendment because the warrant was facially defective. While a judge had orally approved the search of the home, the text of the Fourth Amendment still requires the warrant to specify the place to be searched. But the panel held that the district court erred in denying the officers qualified immunity because it was not clearly established at the time that the search would violate the Fourth Amendment. An officer could have believed—based on the lack of direct case law at the time—that he or she could search the home because the court had orally approved the search, even if the officer failed to make that change on the warrant.
Court Description: Civil Rights. The panel reversed the district court’s denial of qualified immunity to police officers in an action brought pursuant to 42 U.S.C. § 1983 alleging that the officers violated the Fourth Amendment when they expanded the scope of a search warrant without physically amending the warrant. The police officers at first complied with the requirement that a warrant include a description of the “place to be searched,” by obtaining a warrant that listed a motel room suspected of being a hub for drug trafficking. The officers then decided to search the suspect’s home as well and asked the judge over the phone to expand the scope of the warrant to include the home. The judge agreed, but the officers did not physically amend the warrant. The panel agreed with the district court that the officers violated the Fourth Amendment because the warrant was * The Honorable Jill Otake, United States District Judge for the District of Hawaii, sitting by designation. MANRIQUEZ V. ENSLEY 3 facially defective. While a judge had orally approved the search of the home, the text of the Fourth Amendment still requires the warrant to specify the place to be searched. But the panel held that the district court erred in denying the officers qualified immunity because it was not clearly established at the time that the search would violate the Fourth Amendment. An officer could have believed—based on the lack of direct case law at the time—that he or she could search the home because the court had orally approved the search, even if the officer failed to make that change on the warrant. Concurring in part and dissenting in part, Judge Otake concurred that the officers violated the Fourth Amendment when they searched plaintiff’s home with a warrant that described a different location. Judge Otake respectfully dissented from the majority opinion because she believed that the Fourth Amendment’s particularity requirement was plain and clearly established the constitutional right; any reasonable officer would have understood that the failure to include the place to be searched on the warrant would be constitutionally fatal. 4 MANRIQUEZ V. ENSLEY
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