DOUGHERTY v. CITY OF COVINA

No. 09-56395.

654 F.3d 892 (2011)

Bruce DOUGHERTY and Jonathan Dougherty, Plaintiffs-Appellants, v. CITY OF COVINA; Robert Bobkiewicz; Kim Raney, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 16, 2011.


Attorney(s) appearing for the Case

Danielle L. Casselman and Gary S. Casselman (argued), Law Offices of Gary S. Casselman, Los Angeles, CA, for the plaintiff-appellant.

Mary A. Pendergrass , Christopher M. Pisano (argued), and George Roscoe Trindle, III , Best Best & Krieger, Los Angeles, CA, for the defendants-appellees.

Opinion by Judge N.R. SMITH; Concurrence by Judge BREWSTER.


OPINION

N.R. SMITH, Circuit Judge:

Under the totality of the circumstances, a search warrant issued to search a suspect's home computer and electronic equipment lacks probable cause when (1) no evidence of possession or attempt to possess child pornography was submitted to the issuing magistrate; (2) no evidence was submitted to the magistrate regarding computer or electronics use by the suspect; and (3) the only evidence linking the suspect's attempted...

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