Dela Torre v. County of Fresno

MEMORANDUM *

The plaintiffs challenge the magistrate judge’s grant of summary adjudication on nearly two dozen issues. We affirm.

Dela Torre’s claims are barred at this time because of her ongoing criminal prosecution under Harvey v. Waldron. 1 Morales-Opett’s house was searched only because it was Dela Torre’s house, so the search cannot violate her rights unless it also violated Dela Torre’s rights. Inde *770 pendent of the Harvey and Heck v. Humphrey 2 bar to Dela Torre’s action, the warrant and the search were adequately supported, and sufficiently limited.

It is not necessary for the government to get an expert to determine whether the credit card expenditures were relevant. When judges examine warrant applications, their task is “simply to make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, including the ‘veracity’ and ‘basis of knowledge’ of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.” 3 Common sense indicates that employees charging tens of thousands of dollars in women’s clothing and furniture on the credit…