HERVEY v. ESTES

No. 94-35445.

65 F.3d 784 (1995)

Lynn HERVEY, individually and as guardian of Monica Hervey; Tim Hervey; Debbie Couch Emery, individually and as guardian of Ken Emery and Melissa Emery, Plaintiffs-Appellants, v. Coral ESTES; Tom Lind; Pierce County; Pierce County Sheriff's Department; Tahoma Narcotics Enforcement Team; et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 12, 1995.

As Amended on Denial of Rehearing and Suggestion for Rehearing December 5, 1995.


Attorney(s) appearing for the Case

Timothy K. Ford and Frederick L. Noland, MacDonald, Hoague & Bayless, Seattle, WA, for plaintiffs-appellants.

Loretta M. Lamb, Assistant Attorney General, Seattle, WA, for defendants-appellees.

Before: BEEZER and HAWKINS, Circuit Judges, and TEVRIZIAN, District Judge.


As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc December 5, 1995.

BEEZER, Circuit Judge:

Law enforcement officers conducted a military-style raid to search for a methamphetamine laboratory on rural property in Pierce County, Washington. We decide whether a warrant affidavit procured in part through false statements contained sufficient untainted information to support the existence of probable cause. We also address whether plaintiffs...

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