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On December 5, 2011, the Supreme Court heard oral argument in Messerschmidt v. Millender.  This case presents two questions.  The first is whether police officers are entitled to immunity from suit when their search of a gang member’s residence, for firearms and gang-related items, was based on a warrant that a court later determined to be overly broad and not reasonably supported by probable cause.  The second question is whether the standard applicable to immunity determinations in such circumstances--a standard that asks whether the warrant was so lacking in indicia of probable case as to render official belief in its existence entirely unreasonable--is problematic and should be altered.

To discuss the case, we have Joshua Skinner, a member at Fanning, Harper, Martinson, Brandt & Kutchin, P.C. 

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