CA9: 911 call about two black male teenagers involved in a crime didn’t give PC to arrest three Samoan teenagers; immediately recognizing a toy gun as such wasn’t RS

The court of appeals had jurisdiction to consider defendant officers’ appeal from denial of qualified immunity on plaintiffs’ Fourth Amendment unlawful arrest and search claims, but the court’s jurisdiction was limited to deciding whether the officers were entitled to qualified immunity as a matter of law. After receiving information about an apartment manager’s 911 call regarding two black adult males, officers did not have probable cause to arrest three Samoan teenagers. The officers determined almost immediately that a suspected gun was a toy, and at that point any suspicion that the teenagers were engaged in a crime dissipated. The officers violated the Fourth Amendment by continuing the seizure beyond that point. The officers were not entitled to qualified immunity for their entry and search of a family’s apartment. Sialoi v. City of San Diego, 2016 U.S. App. LEXIS 9489 (9th Cir. May 24, 2016).