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United States v. King

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 1, 2012
687 F.3d 1189 (9th Cir. 2012)

Summary

finding that “law enforcement officers are generally entitled to rely on information obtained from fellow law enforcement officers”

Summary of this case from Green v. City of S.F.

Opinion

No. 11–10182.

2012-08-1

UNITED STATES of America, Plaintiff–Appellee, v. Marcel Daron KING, Defendant–Appellant.

Barry J. Portman, Federal Public Defender, Daniel P. Blank, Assistant Federal Public Defender, San Francisco, CA, for the appellant. Melinda Haag, United States Attorney, Barbara J. Valliere, Chief, Appellate Division, Assistant United States Attorney, Suzanne B. Miles, Assistant United States Attorney, San Francisco, CA, for the appellee.


Barry J. Portman, Federal Public Defender, Daniel P. Blank, Assistant Federal Public Defender, San Francisco, CA, for the appellant. Melinda Haag, United States Attorney, Barbara J. Valliere, Chief, Appellate Division, Assistant United States Attorney, Suzanne B. Miles, Assistant United States Attorney, San Francisco, CA, for the appellee.
Appeal from the United States District Court for the Northern District of California, William Alsup, District Judge, Presiding. D.C. No. 3:10–cr–00455–WHA–1.
Before: ALEX KOZINSKI, Chief Judge, HARRY PREGERSON, DIARMUID F. O'SCANNLAIN, SIDNEY R. THOMAS, WILLIAM A. FLETCHER, RICHARD A. PAEZ, MARSHA S. BERZON, RICHARD R. CLIFTON, CONSUELO M. CALLAHAN, SANDRA S. IKUTA and N. RANDY SMITH, Circuit Judges.

OPINION


PER CURIAM:

We overrule Motley v. Parks, 432 F.3d 1072 (9th Cir.2005), the precedent on which it relies, Moreno v. Baca, 400 F.3d 1152 (9th Cir.2005), and United States v. Harper, 928 F.2d 894 (9th Cir.1991), and later cases that rely on it, including United States v. Baker, 658 F.3d 1050 (9th Cir.2011), Sanchez v. Canales, 574 F.3d 1169 (9th Cir.2009), and United States v. Lopez, 474 F.3d 1208 (9th Cir.2007), to the extent they hold that “there is no constitutional difference between probation and parole for purposes of the fourth amendment.” Motley, 432 F.3d at 1083 n. 9 (internal quotation marks omitted). These cases conflict with the Supreme Court's holding that “parolees have fewer expectations of privacy than probationers.” Samson v. California, 547 U.S. 843, 850, 126 S.Ct. 2193, 165 L.Ed.2d 250 (2006).

United States v. King, 672 F.3d 1133 (9th Cir.2012), is vacated, and the case is 1190referred to the original panel for disposition consistent with this opinion.

The panel unanimously concludes this case is suitable for decision without oral argument. SeeFed. R.App. P. 35; 9th Cir. R. 35–1 to 35–3 advisory committee's note.


Summaries of

United States v. King

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 1, 2012
687 F.3d 1189 (9th Cir. 2012)

finding that “law enforcement officers are generally entitled to rely on information obtained from fellow law enforcement officers”

Summary of this case from Green v. City of S.F.

denying qualified immunity because even though there was no prior case prohibiting the use of force under the same circumstances, "[a]ny reasonable officer should have known that holding an infant at gunpoint constituted excessive force"

Summary of this case from McClam v. King Cnty. Jail

In King, sitting en banc, we “overrule[d]” those cases insofar as they “conflict[ed] with the Supreme Court's holding that ‘parolees have fewer expectations of privacy than probationers.’ ” SeeKing, 687 F.3d at 1189 (quoting Samson, 547 U.S. at 850, 126 S.Ct. 2193). Because neither the holdings nor the analysis in our precedents assessing probable cause as to whether parolees and probationers lived in particular residences depended on the purported Fourth Amendment equivalence between those two groups, we discuss those precedents without regard to whether they analyzed searches of probationers or parolees.

Summary of this case from United States v. Grandberry

In King, the Ninth Circuit recognized that Samson held that parolees have fewer expectations of privacy than probationers.

Summary of this case from United States v. Johnson

analyzing action brought against law enforcement officers who participated in a combined state and federal gang task force under section 1983

Summary of this case from Little v. Gore
Case details for

United States v. King

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. MARCEL DARON KING…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Aug 1, 2012

Citations

687 F.3d 1189 (9th Cir. 2012)
12 Cal. Daily Op. Serv. 8658
2012 Daily Journal D.A.R. 10593

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