What is the test for qualified immunity for the use of search warrants to search a residential unit?
MultiRegion, United States of America
The following excerpt is from Mena v. City of Simi Valley, 226 F.3d 1031 (9th Cir. 2000):
Defendants argue nevertheless that they are entitled to qualified immunity because their conduct in executing the warrant and in searching the entire premises was objectively reasonable. Generally, if a structure is divided into more than one occupancy unit, probable cause must exist for each unit to be searched. United States v. Whitney, 633 F.2d 902, 907 (9th Cir. 1980). This rule, however, is not absolute. For example, we have held that
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