Daniel Bill v. Warren Brewer

Good Law
799 F.3d 1295·2015 WL 5090744·2015 U.S. App. LEXIS 15337
United States Court of Appeals for the Ninth CircuitAugust 31, 201513-15844California3,033 words

Opinion

Opinion

Hurwitz, J.

In this 42 U.S.C. § 1983 action, three Phoenix police officers allege that two other officers violated the Fourth and Fourteenth Amendments when, pursuant to a state court order, they obtained DNA samples from the plaintiffs to exclude them as contributors of DNA at a crime scene. The district court dismissed the complaint, and we affirm.

I.

A.

On October 18, 2010, Phoenix Police Sergeant Sean Drenth died from a gunshot wound to his head. His body was found in the northwest corner of an empty lot near the Arizona State Capitol; a shotgun was across his chest and a second weapon by his ankle. Sergeant Drenth’s patrol car was in the center of the lot, and his service weapon was found just beyond the south side of the lot. More than 300 public safety personnel,- the chief of police, and the mayor quickly converged on the scene. Roughly 100 people entered the area where Sergeant Drenth’s body was discovered, including the three plaintiffs, who were assigned to canine search teams.

The police investigators assigned to the case initially attempted to determine whether Sergeant Drenth’s death was a homicide staged to look like a suicide or a suicide staged to look like a…

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