Dougherty v. City of Covina, 2011 U.S. App. LEXIS 16879

Interpolated as: Ninth Circuit case regarding a search warrant for a suspect's computer in a child pornography investigation.
Officer Bobkiewicz submitted an affidavit tying the suspect's alleged molestation of students to possession of child pornography and sought authority to seize electronics.
A magistrate issued the warrant on October 11, 2006, authorizing search for child pornography on Dougherty's computer and electronic media.
During execution, officers entered with guns drawn and detained Dougherty's adult son; computers and related items were seized and later returned.
No charges were filed against Dougherty; he sued the officers and city for Fourth Amendment violations and Monell/supervisory claims; the district court granted summary dismissal.
On appeal, the court affirmed in part and reversed in part, holding lack of probable cause for the warrant but granting qualified immunity to the officers; Monell and supervisory claims were dismissed; leave to amend denied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Probable cause for the warrant	Dougherty contends the affidavit failed to connect molestation to possession of child pornography.	Bobkiewicz relied on training and experience linking such crimes to pornography possession; magistrate's determination treated with deference.	Probable cause insufficient; no direct evidence tying acts to pornography possession; lack of substantial basis.
Qualified immunity for the officer	Plaintiff argues clearly established law supports liability for unconstitutional search.	Law not clearly established regarding whether sexual misconduct at work authorizes a search for child pornography absent a tying explanation.	Officer entitled to qualified immunity.
Monell and supervisory liability	City's policies or failure to train/supervise caused the violation.	Complaint lacks specific policy or practice linking to the constitutional violation; conclusory allegations fail Twombly standard.	Claims dismissed; failure to state a Monell/supervisory claim.
Leave to amend	Dougherty sought leave to amend and cure deficiencies.	Amendment would be futile given lack of facts linking to a policy or practice.	District court's denial of leave to amend affirmed; amendment would be futile.

Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (totality of the circumstances; deference to magistrate's probable cause finding)
United States v. Kelley, 482 F.3d 1047 (9th Cir. 2007) (probable cause for child pornography searches requires a substantial basis)
Weber v. United States, 923 F.2d 1338 (9th Cir. 1990) (contrast with direct evidence; need more than speculative expertise to establish probable cause)
Rabe v. United States, 848 F.2d 994 (9th Cir. 1988) (presence of child pornography or explicit pedophile admission supports probable cause)
Colbert v. 605 F.3d 573, 605 F.3d 573 (8th Cir. 2010) (relationship between molestation and pornography possession not always enough; factual detail matters)
Falso v. United States, 544 F.3d 110 (2d Cir. 2008) (circuit split on relation between molestation and pornography possession)
Hodson v. United States, 543 F.3d 286 (6th Cir. 2008) (warrant invalid when linkage between crimes insufficiently shown)
Gourde v. United States, 440 F.3d 1065 (9th Cir. 2006) (probable cause and deference to magistrate's judgment in search warrants)
Byrd v. United States, 31 F.3d 1329 (5th Cir. 1994) (common-sense inference in probable cause analysis)
Osborne v. Ohio, 495 U.S. 103 (U.S. 1990) (context of child protection and related evidence standards)