Ramirez

ORDER

The Opinion filed March 13, 2002, is amended as follows:

*1025 1. At page 4170, [ 283 F.3d 985 , 988] line 9 of the slip opinion, replace “Id.” with “Id. (quoting United States v. Hillyard, 677 F.2d 1336,1340 (9th Cir.1982) (internal quotation marks omitted)).”.

2. At page 4171, [283 F.3d at 989] footnote 1, line 8 of the slip opinion, replace “quoting” with “citing”.

3. At page 4174, [283 F.3d at 991] lines 11-12 of the slip opinion, replace “qualified immunity because, according” with “qualified immunity. According”.

With these amendments, the petition for rehearing is denied and the petition for rehearing en banc is rejected. Fed. R.App. P. 35, 40.

OPINION

We consider whether and under what circumstances law enforcement officers who execute a search pursuant to a defective warrant enjoy qualified immunity.

I

Agent Jeff Groh of the Bureau of Alcohol, Tobacco and Firearms (“BATF”) received two reports that the Ramirezes kept an automatic rifle, a rocket launcher, a grenade launcher and grenades on their ranch in western Montana. Groh prepared an application for a search warrant and supporting affidavit, and presented them to a magistrate judge who issued the…