Messerschmidt v. Millender - Post-Decision SCOTUScast

On February 22, 2012, the Supreme Court announced its decision in Messerschmidt v. Millender.  This case presented two questions.  The first was 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 was 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.

In an opinion delivered by Chief Justice Roberts,  the Court held by a vote of 6-3 that the officers searching the residence were entitled to immunity from suit with respect to their search for firearms and gang-related materials.  The Court also declined to refashion the “lacking indicia of probable cause” standard.  Justices Scalia, Kennedy, Thomas, Breyer, and Alito joined the majority opinion.  Justice Breyer also filed a concurring opinion, and Justice Kagan filed an opinion concurring in part and dissenting in part.  Justice Sotomayor, joined by Justice Ginsburg, filed a dissenting opinion. 

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

[Return to the SCOTUScast menu]