David R. Benson v. Raymond C. Hightower

This is a Bivens type 2constitutional tort damage action against a number of U.S. Customs agents for alleged violation of plaintiffs’ Fourth Amendment rights. A search warrant was issued by a United States Magistrate on the affidavit of one of the defendant-agents, declaring, in essence, that he had reasonable cause to believe that plaintiffs were smuggling South African Krugerrand gold pieces into the United States. The warrant was executed, Krugerrands were found and plaintiffs were ar rested. In due course, an indictment was returned charging plaintiffs with smuggling Krugerrands into the United States in violation of the customs laws. 18 U.S.C. § 545 . This charge was subsequently dismissed by the trial judge on the ground that Krugerrands were currency and, thus, not declarable items. This action followed.

The district court granted defendants’ motion for summary judgment on the ground that defendants had established as a matter of law on uncontroverted facts the qualified immunity defense. Plaintiffs have appealed from the judgment.

The requirements of that defense are well-established in this circuit. There must have existed, at the time and in light of all of the…