LOCKETT v. ERICSON

No. 09-16609.

656 F.3d 892 (2011)

Edwin Vernon LOCKETT, Plaintiff-Appellant, v. Keith ERICSON; City of Mount Shasta Police Department; Robert D. Gibson; Chris Lynch; Dave Mickelson, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted August 25, 2011.

Filed August 31, 2011.


Attorney(s) appearing for the Case

Tania Beth Rose , San Francisco, CA, for plaintiff-appellant Edwin Lockett.

William Ayres , Redding, CA, for defendants-appellees City of Mt. Shasta Police Department, Robert Gibson, and Chris Lynch.

Kamala Harris , Attorney General of California, Alberto Gonzalez , Supervising Deputy Attorney General, Sacramento, CA, for defendant-appellee Keith Ericson.

Before: JOHN T. NOONAN, RICHARD A. PAEZ, and CARLOS T. BEA, Circuit Judges.


OPINION

PAEZ, Circuit Judge:

In 2005, officers entered Plaintiff-Appellant Edwin Lockett's ("Lockett") home without a warrant and obtained evidence that he had driven under the influence of alcohol earlier in the night. The ensuing state prosecution concluded when Lockett pled nolo contendere to a violation of California Vehicle Code section 23103.5(a). Believing the officers violated his Fourth Amendment rights when they entered his home in 2005, Lockett...

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