Greenstreet

Plaintiffs Robert, Dotti and Billy Green-street and Cindy Ehlinger (“Plaintiffs”) appeal from the district court’s judgment following a jury verdict in favor of Defendants San Bernardino County Sheriffs Department deputies in Plaintiffs’ 42 U.S.C. § 1983 action seeking money damages for the deputies’ alleged misconduct in obtaining and executing a search warrant at the Plaintiffs’ home. Plaintiffs contend that the district court (1) erroneously denied their Motion for Summary Adjudication of Issues, and (2) erroneously excluded at trial any reference by Plaintiffs to the invalidity of the search warrant. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and reverse and remand.

I.

On January 25, 1990, San Bernardino County Sheriffs Deputy David Hebden sought the issuance of a warrant to search the Plaintiffs’ residence located at 385 Granada Street, Rialto, California, as well as three other locations in the San Bernardino area. In support of the warrant, Deputy Hebden submitted an affidavit which provided the following information pertinent to the Plaintiffs’ residence:

The affidavit also requested permission for night service of the warrant.

Judge Marianne D. Isaeff of the…