Chism

Before: BETTY B. FLETCHER, RICHARD A. PAEZ, and SANDRA S. IKUTA, Circuit Judges.

Opinion by Judge PAEZ; Dissent by Judge IKUTA.

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.

PAEZ, Circuit Judge:

This civil rights action under 42 U.S.C. § 1983 arises from an internet child pornography investigation by Washington State…