John Loudermilk v. Julie Rhodes

MEMORANDUM

John and Tiffany Loudermilk, et al., appeal from the district court’s grant of summary judgment in favor of Julie Rhodes, Rhonda Cash, and Jenna Cramer (“officials”). The Loudermilks claim that the officials (1) violated their Fourth Amendment right to be free from an unreasonable search of their home, and (2) violated their Fourteenth Amendment right to family integrity.

I

The district court did not err in finding that Cash and Cramer were entitled to qualified immunity regarding the unreasonable search claim. Assuming there was a constitutional violation in this case, the Loudermilks have the burden of showing that the right at issue was clearly established. See Alston v. Read, 663 F.3d 1094, 1098 (9th Cir.2011). It is clearly established that voluntary consent to a search vitiates concerns as to the search’s unconstitutionality, see Schneckloth v. Bustamonte, 412 U.S. 218, 219, 227 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973), with volun-tariness to be assessed by examining the totality of the circumstances. See United States v. Patayan Soriano, 361 F.3d 494, 501 (9th Cir.2004). Our case law does not clearly establish that consent to a limited search is involuntary…