Wood

In June 1999 defendant and appellant Robert Emmerson, a San Bernardino County sheriff’s deputy, served a search warrant on the home of plaintiff and respondent John N. Wood. Emmerson then arrested Wood for stalking in violation of Penal Code section 646.9 and other related offenses. The district attorney refused to prosecute.

In November 1999 Wood sued Emmerson and defendant and appellant San Bernardino County (collectively defendants), stating civil rights actions under 42 United States Code section 1983 and Civil Code section 52.1. The trial court concluded that as a matter of law the search warrant was facially invalid, Emmerson had no qualified immunity and there was no lawful basis for Wood’s arrest or subsequent detention. In May 2005 a jury awarded Wood $1,045 in special damages and $900,000 in general damages. The trial court later awarded Wood $545,973.50 in attorney fees and costs of $7,105.37.

Defendants appeal, arguing they were denied due process because they were prevented from calling witnesses concerning the legality of the search warrant and Wood’s arrest, the trial court erred in finding Emmerson lacked probable cause to arrest Wood and search his…