SMITH v. CITY OF SANTA CLARA

No. 14-15103.

876 F.3d 987 (2017)

Josephine SMITH, an individual; A.S., a minor child, by and through her guardian ad litem, Josephine Smith, Plaintiffs-Appellants, v. CITY OF SANTA CLARA, a public entity, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 30, 2017.


Attorney(s) appearing for the Case

Lauren R. Coatney (argued), Christine Peek , Matthew Schechter , and James McManis , McManis Faulkner , San Jose, California, for Plaintiffs-Appellants.

Sujata T. Reuter (argued) and Jon A. Heaberlin , Rankin Stock Heaberlin , San Jose, California, for Defendant-Appellee.

Before: Mary M. Schroeder and Jacqueline H. Nguyen, Circuit Judges, and Lynn S. Adelman, District Judge.


OPINION

Justine Smith was involved in the theft of a vehicle and the stabbing of its owner. During the course of their investigation of these crimes, the police learned that Smith was on probation and that the terms of her probation allowed warrantless searches of her person and residence. The police went to the...

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