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GROH v. RAMIREZ

No. 02-811.

540 U.S. 551 (2004)

GROH v. RAMIREZ ET AL.

Supreme Court of United States.

Decided February 24, 2004.

Attorney(s) appearing for the Case

Richard A. Cordray argued the cause for petitioner. With him on the briefs was Harry Litman.

Austin C. Schlick argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Clement, Barbara L. Herwig, and Howard S. Scher.

Vincent J. Kozakiewicz argued the cause for respondents. With him on the brief was W. G. Gilbert III.*

STEVENS, J., delivered the opinion of the Court, in which O'CONNOR, SOUTER, GINSBURG, and BREYER, JJ., joined. KENNEDY, J., filed a dissenting opinion, in which REHNQUIST, C. J., joined, p. 566. THOMAS, J., filed a dissenting opinion, in which SCALIA, J., joined, and in which REHNQUIST, C. J., joined as to Part III, p. 571.

JUSTICE STEVENS delivered the opinion of the Court.

Petitioner conducted a search of respondents' home pursuant to a warrant that failed to describe the "persons or things to be seized." U. S. Const., Amdt. 4. The questions presented are (1) whether the search violated the Fourth Amendment, and (2) if so, whether petitioner nevertheless is entitled to qualified immunity, given that a Magistrate Judge (Magistrate), relying on an affidavit that particularly described...

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