In Lykken v. Brady, No. 09-15506, an action asserting civil rights violations arising from a search of plaintiffs’ farm, the court affirmed summary judgment for defendants where 1) the arrival of the officers and initial detention of plaintiffs caused plaintiffs’ cattle to bolt, but it was obvious that the officers’ arrival at the scene was necessary in order to execute the search warrant; and 2) the fact that probable cause existed for the search could lead a reasonable officer to suspect the occupants of the house might attempt to conceal the objects of the search if the plaintiffs were allowed unfettered access to the house.

Related Resources

  • Full Text of Lykken v. Brady, No. 09-15506

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