John

MEMORANDUM ***

Plaintiffs John and Julie Laros, Kathleen Chapman, and Chaplar Productions, Company, Inc., sued Roger Nusbaum and the City of Tucson under 42 U.S.C. § 1983 . Their federal claims alleged violations of their constitutional rights related to the search and seizure of their package by Nusbaum, a Tucson Police Department detective, following an alert by a drug detection dog. The district court granted summary judgment for the Defendants on the § 1983 claims and remanded the state claims. On de novo review, Yakutat, Inc. v. Gutierrez, 407 F.3d 1054, 1066 (9th Cir.2005), we affirm.

Appellants first argue that there was insufficient probable cause to issue the warrant because the affidavit for the warrant did not sufficiently establish the narcotic detector dog’s reliability. We need not reach the issue of whether the statement that the dog was certified to detect narcotics was sufficient for the issuance of the warrant because the other undisputed facts, in conjunction with the alert by a certified dog, clearly establish probable cause.

Second, Appellants contend that Nusbaum exceeded the scope of the warrant by opening the black plastic wrapper containing the film.…