Chism

Opinion by Judge PAEZ; Dissent by Judge IKUTA.

ORDER

The opinion filed on August 25, 2011 is amended as follows.

Footnote one, appearing on page 16313 of the Slip Opinion, is deleted, and is replaced with the following text.

An amended opinion is filed concurrently with this order.

With this amendment Judges B. Fletcher and Paez vote to DENY the petition for panel rehearing. Judge Ikuta votes to grant the petition for panel rehearing. The petition for panel rehearing is DENIED.

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 rehearing en banc is DENIED.

No further petitions for rehearing or rehearing en banc may be filed in response to the amended opinion.

Plaintiffs-Appellants’ request for attorneys’ fees under 42 U.S.C. § 1988 is DENIED without prejudice to file a separate motion pursuant to Ninth Circuit Rule 39-1.6.

OPINION

This civil rights action under 42 U.S.C. § 1983 arises from an internet child por *383 nography investigation by Washington State Police (WSP) Officers Rachel Gardner and John Sager (“the officers”). As a result of…

dissenting:

In All the President’s Men, Deep Throat famously advised two investigative journalists that in order to find the truth, they had to “follow the money.” In United States v. Gourde, we endorsed this maxim, holding that payment of subscription fees to a site on which child pornography is available was sufficient to support probable cause for a search warrant. 440 F.3d 1065, 1071 (9th Cir.2006) (en banc). Despite the fact that this case involved a direct connection between the Chisms’ credit card and two websites populated with child pornography, the majority holds that the evidence was insufficient to support probable cause, and therefore the district court erred in granting summary judgment to the police on the basis of qualified immunity. In doing so, the majority tramples on controlling precedent and defies common sense. I respectfully dissent.

*394 I

The Washington State Police received a hot “cybertip” about child pornography on two Yahoobhosted websites. Yahoo! lets users create their own websites (with unique domain names) and host their own content on those websites, including populating the websites with images. Yahoo! may also provide users with domain-based…

I. BACKGROUND

On July 3, 2007, Washington’s Missing and Exploited Children Task Force (MECTF) received a tip from the National Center for Missing and Exploited Children (NCMEC). The tip advised MECTF that roughly one week 3 In addition to their constitutional claim, the Chisms’ First Amended Complaint alleges nine other causes of action, most of which are tort claims relating to events that occurred after the search and arrest warrants were executed. CHISM v. WASHINGTON STATE 16315 earlier, the web-hosting company Yahoo! had archived images of child pornography that were contained on the web- site http://foelonipwin-cmezixecvom.us/ (the “foel website”). The tip listed Yahoo! user account qek9pj8z9ec@yahoo.com (the “first user account”) as the “suspect.” The tip stated that Internet Protocol (IP) address 68.113.11.494 was used to open the first user account on May 11, 2007. The tip did not pro- vide the time or date that the child pornographic images were uploaded to the foel website, nor did it provide the IP address from which the child pornographic images were uploaded.…