CA9: Using ruse to gain entry for civil investigation and surreptitious video recording was a “search,” but QI applies

The use of a ruse to get consent to enter plaintiff’s house to conduct a civil fraud investigation violated the Fourth Amendment. The surreptitious use of a video recorder was a “search.” However, it was not clearly established at the time, so he gets qualified immunity. Whalen v. McMullen, 2018 U.S. App. LEXIS 30686 (9th Cir. Oct. 30, 2018).