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TARABOCHIA v. ADKINS

No. 11-35837.

766 F.3d 1115 (2014)

Matthew Alexander TARABOCHIA; Alex Daniel Tarabochia, Plaintiffs-Appellants, v. FBI Special Agent Mickey ADKINS, Defendant, and Sergeant Dan Chadwick, Washington Department of Fish and Wildlife; Officer Brett Hopkins, Washington Department of Fish and Wildlife; Sergeant Brad Rhoden, Washington Department of Fish and Wildlife; Mike Cenci, Capt./Director of Law Enforcement of the Washington Department of Fish and Wildlife, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 9, 2014.

Attorney(s) appearing for the Case

Amit Kurlekar , (argued), Kaufhold Gaskin LLP, San Francisco, CA, Pro Bono Counsel for Plaintiffs-Appellants.

Paul F. James , (argued), Assistant Attorney General and Robert W. Ferguson , Attorney General, Office of the Washington Attorney General, Olympia, WA, for Defendants-Appellees.

Before: MICHAEL DALY HAWKINS, JOHNNIE B. RAWLINSON, and CARLOS T. BEA, Circuit Judges.

OPINION

HAWKINS, Circuit Judge:

We must decide whether a suspicionless roving automobile stop of commercial fishers made while they drive on a public highway to investigate compliance with Washington fish and game laws constitutes an unreasonable search and seizure within the meaning of the Fourth Amendment and, if so, whether this right was clearly established as of the time of the stop at issue in this case. Because we determine that this stop, which lacked...

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