San Jose Charter of the Hells Angels Motorcycle Club v. City of San Jose

402 F.3d 962 (2005)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

San Jose Charter of the Hells Angels Motorcycle Club v. City of San Jose

United States Court of Appeals for the Ninth Circuit
402 F.3d 962 (2005)

Facts

The San Jose City Police Department (SJPD) (defendant) was investigating a murder connected with the San Jose Charter of the Hells Angels Motorcycle Club (SJHA) (plaintiff). One member, Steve Tausan, was the main suspect of the crime. However, pursuant to the investigation, San Jose Police Officers (SJPOs) (defendants) requested search warrants of two other SJHA members, James Souza and Robert Vieira. A week prior to the execution of the search warrants, the SJPOs were aware that Souza and Vieira kept aggressive guard dogs on their properties. The SJPOs devised a plan to either isolate or shoot the dogs if they came into contact with them. Ultimately, the SJPOs shot and killed dogs at both residences during the executions of the search warrants. The SJHA, on behalf of its members, brought claims against the City of San Jose (the city) (defendant) and SJPD under 42 U.S.C. § 1983, claiming that the searches violated their Fourth Amendment rights. The SJPOs moved for summary judgment on the ground that they were entitled to qualified immunity. The district court declined to apply qualified immunity, and the SJPOs appealed.

Rule of Law

Issue

Holding and Reasoning (Paez, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 735,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 735,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 735,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership