CA6: Rule against warrantless housing inspection entries clearly established

Defendant police officers were properly granted summary judgment on plaintiffs’ Fourth Amendment claims regarding the validity of the warrants because probable cause supported two of the warrants and the third warrant was not so lacking in indicia of probable cause that official belief in the existence of probable cause was unreasonable. They were properly granted summary judgment on plaintiffs’ claim that the searches of their homes were unreasonably destructive because they pointed to no evidence that the officers personally caused any of the alleged damage or observed others causing it. Housing inspectors were also invited into the house. As to that, “the right to be free from a warrantless code-compliance search with no alternative pre-compliance review was clearly established at the time plaintiffs’ homes were searched.” Gardner v. Evans, 2019 U.S. App. LEXIS 9943 (6th Cir. Apr. 4, 2019).*

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