Robert Williams v. City of San Leandro

MEMORANDUM

Robert Lawrence Williams appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging Fourth Amendment claims arising out of searches conducted during a traffic stop. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s grant of summary judgment on the basis of qualified immunity. Torres v. City of Madera, 648 F.3d 1119, 1123 (9th Cir. 2011). We affirm.

The district court properly granted summary judgment for defendant Mund on the basis of qualified immunity because it would not have been clear to every reasonable police officer that the search of Williams’s person and the vehicle was unlawful under the circumstances. See Ashcroft v. al-Kidd, 563 U.S. 731, 735, 741 , 131 S.Ct. 2074 , 179 L.Ed.2d 1149 (2011) (explaining two-part test for qualified immunity); see also United States v. Ross, 456 U.S. 798, 825 , 102 S.Ct. 2157 , 72 L.Ed.2d 572 (1982) (the scope of a warrantless search of an automobile extends to “every part of the vehicle, and its contents that may conceal the object of the search” so long as there is probable cause); United States v. Garcia-Rivera, 353 F.3d 788, 791 (9th Cir. 2003)…