Chief’s Counsel: Supreme Court Preview: Law Enforcement Cases to Be Decided in the October 2003 Term

In Groh v. Ramirez the U.S. Supreme Court will consider qualified immunity for executing a facially invalid warrant. An agent of the Bureau of Alcohol, Tobacco, Firearms, and Explosives obtained a search warrant for a residence based on information that there were grenades, a grenade launcher, a rocket launcher, and an automatic rifle on a ranch. The application identified both the place to be searched and the items to be seized. However, the agent mistakenly left off the warrant the items to be seized and instead retyped the description of the premises. He executed the warrant with a team of other agents and the local sheriff. He provided the warrant to the homeowner after the search was completed, instead of at the beginning. He did not provide a copy of the application or affidavit. No items were discovered and nothing was seized. The homeowners sued under Bivens, and the agent claimed qualified immunity.