Fosnight v. Jones

Dist. Ct. did not err in dismissing for failure to state cause of action plaintiffs‘ Bivens action against defendants ATF agents, alleging that defendants violated their 4th and 5th Amendment rights when they executed search warrant at plaintiffs’ place of business and seized $21,000 worth of plaintiffs' inventory. Complaint was properly dismissed, where search pursuant to valid warrant is presumptively reasonable under 4th Amendment, and complaint failed to challenge either warrant’s validity or reasonableness of agent’s conduct during search. Dist. Ct. could also take judicial notice of search warrant, and Ct. of Appeals rejected plaintiffs’ claim that defendant violated their 4th Amendment rights by failing to give them Miranda warnings during search of their business. Complaint also did not allege valid 5th Amendment claim, where complaint failed to identify how any procedural or substantive due process right was violated.