Lia Lingo v. City of Salem

ORDER

The opinion filed in this case on June 27, 2016, is hereby amended. An amended opinion is filed concurrently with this order.

With this amendment, the panel has voted unanimously to deny Appellants’ petition for panel rehearing. Judge O’Seann-lain has voted to deny Appellants’ petition for rehearing en banc, and Judges Goodwin and Leavy have so recommended. The full court has been advised of the petition for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35.

The petition for panel rehearing and petition for rehearing en banc are DENIED. No subsequent petitions for rehearing or rehearing en banc may be filed.

OPINION

We must decide whether police officers may rely on unlawfully obtainéd evidence to defend themselves against a constitutional tort action for false arrest.

I

A

On the afternoon of June 13, 2010, Lia Lingo was engaged in an ongoing dispute with her neighbor, Suzanne Teg-roen, regarding Tegroen’s pet dog. In the course of the day, Lingo and Teg-roen each contacted the Salem, Oregon, Police Department, and that night Officer Steven Elmore was dispatched to Tegroen’s residence to investigate.…