9th Circuit upholds extension of qualified immunity to LEO who entered Washington home

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Whalen v. McMullen.
http://cdn.ca9.uscourts.gov/datastore/o ... -35267.pdf
Although we conclude that McMullen’s warrantless ruse-entry into Whalen’s home was an unreasonable search, we cannot say it was clearly established that his conduct, in the context of a civil or administrative investigation related to a determination of benefits eligibility, was a search or was unreasonable. Whalen does not have to identify a controlling case finding a constitutional violation on the exact facts of her case for her asserted right to be clearly established, but she relies only on Bosse and other criminal ruse entry cases. In light of Wyman and Sanchez, Bosse would not have provided McMullen with notice that his actions—which were common practice for CDIU investigators—violated the Fourth Amendment. McMullen knew he was conducting a civil investigation, not a criminal investigation, and that it was related to Whalen’s eligibility for social security benefits. Additionally, McMullen did not initially seek to enter Whalen’s home but rather to engage her in front of her house; Whalen limited her constitutional challenge to McMullen’s actions once he crossed the threshold. As the district court noted, there was no authority “requiring McMullen to retreat from [Whalen’s] home” as the conversation moved inside, nor was there authority “clearly proscribing McMullen’s conduct in this situation.” We agree that it would not have been clear to a reasonable officer that his conduct, in the context of this civil investigation related to a determination of benefits eligibility, was unlawful. The right Whalen asserts was not clearly established, and McMullen is entitled to qualified immunity from this suit.

III. STATE CLAIMS
After holding that McMullen was entitled to qualified immunity on Whalen’s federal claim, the district court declined to exercise supplemental jurisdiction over Whalen’s related state-law claims. This was not an abuse of discretion.
See 28 U.S.C. § 1367(c)(3).

IV. CONCLUSION
For the foregoing

Re: 9th Circuit upholds extension of qualified immunity to LEO who entered Washington home

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At least the 9th circuit came out and said that the officers actions were unconstitutional. The SCt frequently doesn’t even do that so the police know not to do it again and the next plaintiff who has some asshole do the same thing gets to recover.

And this is the biggest bunch of bullshit in the first place. It’s not like congress couldn’t just restrict this made-up qualified immunity any time it wanted to. It’s not like there’s some constitutional protection given to police officers. It’s just a law. Last I read California is changing theirs.

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