Davey v. Lockerby

45 F.3d 435 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donna DAVEY, and Brad Davey, Plaintiffs-Appellants, v. Brian LOCKERBY, and the six unknown named agents of the Drug Enforcement Administration, the Department of Justice, and the United States of America, Defendants-Appellees. No. 93-36015. United States Court of Appeals, Ninth Circuit. Submitted Oct. 6, 1994. * Decided Jan. 3, 1995. Before: WOOD, ** HUG, and TANG, Circuit Judges. MEMORANDUM *** The principal issue in this appeal is whether purportedly false and misleading statements in an affidavit were unessential for a finding of probable cause for issuance of a warrant to search the home of Brad and Donna Davey. The district court found that, despite the existence of any false and misleading statements, probable cause existed to justify issuance of a warrant to search the Daveys' home. Accordingly, the district court granted summary judgment in favor of defendants Bryan Lockerby, six unknown agents of the Drug…