Walker v. Weatherspoon

Dist. Ct. did not err in granting defendants-police officials’ motion for summary judgment in section 1983 action alleging that defendants violated plaintiff’s 4^th Amendment rights by executing warrant that authorized defendants to search for drugs and specific individual in plaintiff's home, where: (1) warrant was supported by information supplied by tipster, who testified in front of trial court that issued warrant that she regularly purchased drugs from said individual at plaintiff’s home for six-month period; and (2) defendants searched plaintiff’s home for two-hour period and failed to find said individual or any drugs. Ct. rejected plaintiff’s claim that warrant lacked probable cause, where probable cause finding could be based on tipster’s testimony alone, and where issuance of warrant entitled defendants to search plaintiff’s home without risk of personal liability. Also, length of time to conduct instant search was not excessive, where plaintiff admitted to having gun, and where plaintiff’s disordered home appeared as drug-distribution point to defendants.