Ioane v. Hodges

The Ninth Circuit affirmed the district court's denial of qualified immunity to an IRS agent who violated plaintiff's Fourth Amendment right to bodily privacy when, during the lawful execution of a search warrant at plaintiff's home, the agent escorted plaintiff to the bathroom and monitored her while she relieved herself. Weighing the scope, manner, justification, and place of the search, the panel held that a reasonable jury could conclude that the agent's actions were unreasonable and violated plaintiff's Fourth Amendment rights. In this case, the agent's general interests in preventing destruction of evidence and promoting officer safety did not justify the scope or manner of the intrusion into plaintiff's most basic subject of privacy, her naked body. The panel also held that the law was clearly established at the time of the agent's actions. A reasonable officer in the agent's position would have known that such a significant intrusion into bodily privacy, in the absence of legitimate government justification, was unlawful. Accordingly, the agent was not entitled to qualified immunity. View "Ioane v. Hodges" on Justia Law