Matthew Tarabochia v. Mickey Adkins

We must decide whether a suspicionless roving automobile stop of commercial fishers made while they drive on a public highway to investigate compliance with Washington fish and game laws constitutes an unreasonable search and seizure within the meaning of the Fourth Amendment and, if so, whether this right was clearly established as of the time of the stop at issue in this case. Because we determine that this stop, which lacked any basis in suspicion of unlawful behavior or statutory authority that would render it permissible under the administrative search exception, violated Appellants’ clearly established Fourth Amendment rights, we reverse the district court’s grant of qualified immunity on Appellants’ Fourth Amendment claim and remand. We affirm the dismissal of Appellants’ Fourteenth Amendment substantive due process claim because the district court correctly deemed this claim untimely.

I. BACKGROUND

The facts underlying this case stretch back to the year 2000 and culminate in an automobile stop on March 23, 2007. Appellants Matthew and Alex Taraboehia, along with their brother, Bryan, are the sons of Joseph Taraboehia, a longtime commercial fisher. The…