IRMA JEAN PEREZ, PLAINTIFF-APPELLANT,
v.
WAYNE A. SIMMONS; JAMES NALLS; THOMAS MILLER; MARKS MESKE; AND CITY OF SANTA BARBARA, DEFENDANTS-APPELLEES

9th Cir. | 1990-04-18
No. 86-6663
Before HUG, ALARCON, and KOZINSKI, Circuit Judges.
900 F.2d 213 United States Court of Appeals for the Ninth Circuit (1990) Caution
Cited by 27 cases

Opinion of the Court

ORDER

Following a petition for rehearing filed by the Government, the opinion in this case, filed August 31, 1989, Perez v. Simmons, 884 F. 2d 1136 (9th Cir.1989), is amended as follows:

Page 1140, first paragraph in second column. The last sentence should be modified to read:
“However, if the officers did not have reasonable grounds for believing that Albert resided in the apartment, the search was illegal under Steagald.”

Page 1142, first paragraph in first column. The second sentence in the first full paragraph should be changed to read:

“Unless a jury finds that the officers had reasonable grounds for believing that Albert was a co-resident of the apartment, and for believing that Albert was in the apartment at the time, see Payton, 445 U.S. at 603 100 S.Ct. at 1388, the search was in violation of Irma Perez’s constitutional rights.”

Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (14 total)

Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw