Moreno

ORDER

The Opinion and separate Opinion concurring in the judgment filed on March 7, 2005, slip op. 2657 and 2687, and reported at 400 F.3d 1152 and 1169, are withdrawn and replaced by the Amended Opinion filed concurrently with this order.

The foregoing action renders defendants-appellants’ petition for rehearing and petition for rehearing en banc, and intervenor-on-appeal State of California’s petition for rehearing and/or petition for rehearing en banc moot. Subsequent petitions for panel rehearing and/or petitions for rehearing en banc may be filed with respect to the Amended Opinion in accor *636 dance with the requirements of Fed. R.App. P. 40 and 35.

OPINION

Los Angeles County Deputy Sheriffs Sean Banks and Thomas Garcia (“Appellants”) appeal from the district court’s denial of their motion for summary judgment asserting qualified immunity in a § 1983 action brought by plaintiff Richard Moreno. Moreno alleges that Appellants, acting under color of state law, deprived him of his constitutional rights when they arrested and searched him without cause. We affirm.

Factual Background

One evening in January 2000, Richard Moreno and his companion Joe Rodriguez were on their…