Kendrick

Kendrick v. Baca

Good Law
141 F. App'x 511
United States Court of Appeals for the Ninth CircuitJune 14, 2005Nos. 03-56804, 03-56814California675 words

Opinion

Lead Opinion

MEMORANDUM *

The Kendricks contend that the district court erroneously determined that the defendants are entitled to qualified immunity. We affirm the district court’s grant of summary judgment to Deputy Costleigh with respect to the search, but reverse with respect to the arrests. We affirm the district court’s grant of summary judgment to Sheriff Baca in all respects.

We first consider whether the Kendricks have shown that the search of their residence violated their constitutional rights. See Sonoda v. Cabrera, 255 F.3d 1035, 1040 (9th Cir.2001). They allege only that the affidavit supporting the search warrant failed to establish probable cause. Probable cause for the search depended entirely upon the confidential informant’s veracity, reliability, and basis of knowledge. The Statement of Probable Cause supporting the search warrant set forth sufficient facts regarding the basis of the informant’s knowledge, sufficient details of the informant’s past performance in providing credible information to the police, and sufficient corroboration of the information provided by the informant. This is not a case in which “the affidavit offers no hint as to why the police wanted to…

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