Gardner v. Chism

Issue: (1) Whether the qualified immunity question of whether an officer reasonably could have believed that an affidavit provided probable cause is barred whenever a court concludes that (a) correction of affidavit inaccuracies and omissions would eliminate probable cause, and (b) the plaintiff has a triable question whether the officer recklessly or intentionally included or omitted the information; and (2) whether, in concluding that the affidavit in this case contained misstatements and omissions and did not demonstrate probable cause when the misstatements and omissions were accounted for, the Ninth Circuit failed to heed Illinois v. Gates in that probable cause is a commonsense practical, not hypertechnical, inquiry that is concerned with reasonable probability, not certainty.

Briefs and Documents

Certiorari-stage documents

• Opinion below (9th Cir.)
• Petition for certiorari
• Brief in opposition
• Reply of petitioners