OPINION OF THE COURT
PEARSON V. CALLAHAN
555 U. S. ____ (2009)
SUPREME COURT OF THE UNITED STATES
NO. 07-751
CORDELL PEARSON, et al., PETITIONERS
v. AFTON CALLAHAN
on writ of certiorari to the united states court of
appeals for the tenth circuit
[January 21, 2009]
Justice Alito delivered the
opinion of the Court.
This is an action brought by
respondent under Rev. Stat. §1979, 42 U. S. C. §1983, against
state law enforcement officers who conducted a warrantless search
of his house incident to his arrest for the sale of methamphetamine
to an undercover informant whom he had voluntarily admitted to the
premises. The Court of Appeals held that petitioners were not
entitled to summary judgment on qualified immunity grounds.
Following the procedure we mandated in
Saucier v.
Katz,
533 U. S. 194 (2001), the Court of
Appeals held, first, that respondent adduced facts sufficient to
make out a violation of the Fourth Amendment and, second, that the
unconstitutionality of the officers’ conduct was clearly
established. In granting review, we required the parties to address
the additional question whether the mandatory procedure set out in
Saucier should be retained.
We now hold that the
Saucier
procedure should not be regarded as an inflexible requirement and
that petitioners are entitled to qualified immunity on the ground
that it was not clearly established at the time of the search that
their conduct was unconstitutional. We therefore reverse.
I
A
The Central Utah Narcotics Task
Force is charged with investigating illegal drug use and sales. In
2002, Brian Bartholomew, who became an informant for the task force
after having been charged with the unlawful possession of
methamphetamine, informed Officer Jeffrey Whatcott that respondent
Afton Callahan had arranged to sell Bartholomew methamphetamine
later that day.
That evening, Bartholomew arrived
at respondent’s residence at about 8 p.m. Once there, Bartholomew
went inside and confirmed that respondent had methamphetamine
available for sale. Bartholomew then told respondent that he needed
to obtain money to make his purchase and left.
Bartholomew met with members of the task force
at about 9 p.m. and told them that he would be able to buy a gram
of methamphetamine for $100. After concluding that Bartholomew was
capable of completing the planned purchase, the officers searched
him, determined that he had no controlled substances on his person,
gave him a marked $100 bill and a concealed electronic transmitter
to monitor his conversations, and agreed on a signal that he would
give after completing the purchase.
The officers drove Bartholomew to respondent’s
trailer home, and respondent’s daughter let him inside. Respondent
then retrieved a large bag containing methamphetamine from his
freezer and sold Bartholomew a gram of methamphetamine, which he
put into a small plastic bag. Bartholomew gave the arrest signal to
the officers who were monitoring the conversation, and they entered
the trailer through a porch door. In the enclosed porch, the
officers encountered Bartholomew, respondent, and two other
persons, and they saw respondent drop a plastic bag, which they
later determined contained methamphetamine. The officers then
conducted a protective sweep of the premises. In addition to the
large bag of meth- amphetamine, the officers recovered the marked
bill from respondent and a small bag containing meth- amphetamine
from Bartholomew, and they found drug syringes in the residence. As
a result, respondent was charged with the unlawful possession and
distribution of methamphetamine.
B
The trial court held that the
warrantless arrest and search were supported by exigent
circumstances. On respondent’s appeal from his conviction, the Utah
attorney general conceded the absence of exigent circumstances, but
urged that the inevitable discovery doctrine justified introduction
of the fruits of the warrantless search. The Utah Court of Appeals
disagreed and vacated respondent’s conviction. See
State
v.
Callahan, 2004 LIT App. 164, 93 P. 3d 103.
Respondent then brought this damages action under 42 U. S. C.
§1983 in the United States District Court for the District of Utah,
alleging that the officers had violated the Fourth Amendment by
entering his home without a warrant. See
Callahan v.
Millard Cty., No. 2:04–CV–00952, 2006 WL 1409130
(2006).
In granting the officers’ motion
for summary judgment, the District Court noted that other courts
had adopted the “consent-once-removed” doctrine, which permits a
warrantless entry by police officers into a home when consent to
enter has already been granted to an undercover officer or
informant who has observed contraband in plain view. Believing that
this doctrine was in tension with our intervening decision in
Georgia v.
Randolph,
547 U. S. 103 (2006),
the District Court concluded that “the simplest approach is to
assume that the Supreme Court will ultimately reject the
[consent-once-removed] doctrine and find that searches such as the
one in this case are not reasonable under the Fourth Amendment.”
2006 WL 1409130, at *8. The Court then held that the officers were
entitled to qualified immunity because they could reasonably have
believed that the consent-once-removed doctrine authorized their
conduct.
On appeal, a divided panel of the Tenth
Circuit held that petitioners’ conduct violated respondent’s Fourth
Amendment rights.
Callahan v.
Millard Cty., 494
F. 3d 891, 895–899 (2007). The panel majority stated that
“[t]he ‘consent-once-removed’ doctrine applies when an undercover
officer enters a house at the express invitation of someone with
authority to consent, establishes probable cause to arrest or
search, and then immediately summons other officers for
assistance.”
Id., at 896. The majority took no issue with
application of the doctrine when the initial consent was granted to
an undercover law enforcement officer, but the majority disagreed
with decisions that “broade[n] this doctrine to grant informants
the same capabilities as undercover officers.”
Ibid.
The Tenth Circuit panel further held that the
Fourth Amendment right that it recognized was clearly established
at the time of respondent’s arrest.
Id., at 898–899. “In
this case,” the majority stated, “the relevant right is the right
to be free in one’s home from unreasonable searches and arrests.”
Id., at 898. The Court determined that, under the clearly
established precedents of this Court and the Tenth Circuit,
“warrantless entries into a home are per se unreasonable unless
they satisfy the established exceptions.”
Id., at 898–899.
In the panel’s words, “the Supreme Court and the Tenth Circuit have
clearly established that to allow police entry into a home, the
only two exceptions to the warrant requirement are consent and
exigent circumstances.”
Id., at 899. Against that
backdrop, the panel concluded, petitioners could not reasonably
have believed that their conduct was lawful because petitioners
“knew (1) they had no warrant; (2) [respondent] had not consented
to their entry; and (3) [respondent’s] consent to the entry of an
informant could not reasonably be interpreted to extend to them.”
Ibid.
In dissent, Judge Kelly argued that “no
constitutional violation occurred in this case” because, by
inviting Bartholomew into his house and participating in a
narcotics transaction there, respondent had compromised the privacy
of the residence and had assumed the risk that Bartholomew would
reveal their dealings to the police.
Id., at 903. Judge
Kelly further concluded that, even if petitioners’ conduct had been
unlawful, they were nevertheless entitled to qualified immunity
because the constitutional right at issue—“the right to be free
from the warrantless entry of police officers into one’s home to
effectuate an arrest after one has granted voluntary, consensual
entry to a confidential informant and undertaken criminal activity
giving rise to probable cause”—was not “clearly established” at the
time of the events in question.
Id., at 903–904.
As noted, the Court of Appeals followed the
Saucier procedure. The
Saucier procedure has been
criticized by Members of this Court and by lower court judges, who
have been required to apply the procedure in a great variety of
cases and thus have much firsthand experience bearing on its
advantages and disadvantages. Accordingly, in granting certiorari,
we directed the parties to address the question whether
Saucier should be overruled. 552 U. S. ___ (2008).
II
A
The doctrine of qualified
immunity protects government officials “from liability for civil
damages insofar as their conduct does not violate clearly
established statutory or constitutional rights of which a
reasonable person would have known.”
Harlow v.
Fitzgerald,
457 U. S. 800, 818 (1982). Qualified
immunity balances two important interests—the need to hold public
officials accountable when they exercise power irresponsibly and
the need to shield officials from harassment, distraction, and
liability when they perform their duties reasonably. The protection
of qualified immunity applies regardless of whether the government
official’s error is “a mistake of law, a mistake of fact, or a
mistake based on mixed questions of law and fact.”
Groh v.
Ramirez,
540 U. S. 551, 567
(2004) (Kennedy, J., dissenting) (citing
Butz v.
Economou,
438 U. S. 478, 507
(1978) (noting that qualified immunity covers “mere mistakes in
judgment, whether the mistake is one of fact or one of law”)).
Because qualified immunity is “an
immunity from suit rather than a mere defense to liability … it is
effectively lost if a case is erroneously permitted to go to
trial.”
Mitchell v.
Forsyth,
472 U. S. 511, 526
(1985) (emphasis deleted). Indeed, we have made clear that the
“driving force” behind creation of the qualified immunity doctrine
was a desire to ensure that “ ‘insubstantial claims’ against
government officials [will] be resolved prior to discovery.”
Anderson v.
Creighton,
483 U. S. 635, 640,
n. 2 (1987). Accordingly, “we repeatedly have stressed the
importance of resolving immunity questions at the earliest possible
stage in litigation.”
Hunter v.
Bryant,
502 U. S. 224, 227
(1991)
(per curiam).
In
Saucier, 533 U. S. 194, this Court mandated a
two-step sequence for resolving government officials’ qualified
immunity claims. First, a court must decide whether the facts that
a plaintiff has alleged (see Fed. Rules Civ. Proc. 12(b)(6), (c))
or shown (see Rules 50, 56) make out a violation of a
constitutional right. 533 U. S., at 201. Second, if the plaintiff
has satisfied this first step, the court must decide whether the
right at issue was “clearly established” at the time of defendant’s
alleged misconduct.
Ibid. Qualified immunity is applicable
unless the official’s conduct violated a clearly established
constitutional right.
Anderson,
supra, at
640.
Our decisions prior to
Saucier had
held that “the better approach to resolving cases in which the
defense of qualified immunity is raised is to determine first
whether the plaintiff has alleged a deprivation of a constitutional
right at all.”
County of Sacramento v.
Lewis,
523 U. S. 833,
841, n. 5 (1998).
Saucier made that suggestion a
mandate. For the first time, we held that whether “the facts
alleged show the officer’s conduct violated a constitutional right
…
must be the initial inquiry” in every qualified immunity
case. 533 U. S., at 20 (emphasis added). Only after completing this
first step, we said, may a court turn to “the next, sequential
step,” namely, “whether the right was clearly established.”
Ibid.
This two-step procedure, the
Saucier
Court reasoned, is necessary to support the Constitution’s
“elaboration from case to case” and to prevent constitutional
stagnation.
Ibid. “The law might be deprived of this
explanation were a court simply to skip ahead to the question
whether the law clearly established that the officer's conduct was
unlawful in the circumstances of the case.”
Ibid.
B
In considering whether the
Saucier procedure should be modified or abandoned, we must
begin with the doctrine of
stare decisis.
Stare
decisis “promotes the evenhanded, predictable, and consistent
development of legal principles, fosters reliance on judicial
decisions, and contributes to the actual and perceived integrity of
the judicial process.”
Payne v.
Tennessee,
501 U. S. 808,
827 (1991). Although “[w]e approach the reconsideration of [our]
decisions … with the utmost caution,” “[
s]
tare
decisis is not an inexorable command.”
State Oil
Co. v.
Khan,
522 U. S. 3, 20 (1997)
(internal quotation marks omitted). Revisiting precedent is
particularly appropriate where, as here, a departure would not
upset expectations, the precedent consists of a judge-made rule
that was recently adopted to improve the operation of the courts,
and experience has pointed up the precedent’s shortcomings.
“Considerations in favor of
stare decisis are at their acme in cases involving
property and contract rights, where reliance interests are
involved; the opposite is true in cases … involving procedural and
evidentiary rules” that do not produce such reliance.
Payne,
supra, at 828 (citations omitted). Like rules governing
procedures and the admission of evidence in the trial courts,
Saucier’s two-step protocol does not affect the way in
which parties order their affairs. Withdrawing from
Saucier’s categorical rule would not upset settled
expectations on anyone’s part. See
United States v.
Gaudin,
515
U. S. 506, 521 (1995).
Nor does this matter implicate “the general
presumption that legislative changes should be left to Congress.”
Khan,
supra, at 20. We recognize that
“considerations of
stare decisis weigh heavily in the area
of statutory construction, where Congress is free to change this
Court’s interpretation of its legislation.”
Illinois Brick
Co. v.
Illinois,
431 U. S. 720, 736
(1977). But the
Saucier rule is judge made and implicates
an important matter involving internal Judicial Branch operations.
Any change should come from this Court, not Congress.
Respondent argues that the
Saucier
procedure should not be reconsidered unless we conclude that its
justification was “badly reasoned” or that the rule has proved to
be “unworkable,” see
Payne,
supra, at 827, but
those standards, which are appropriate when a constitutional or
statutory precedent is challenged, are out of place in the present
context. Because of the basis and the nature of the
Saucier two-step protocol, it is sufficient that we now
have a considerable body of new experience to consider regarding
the consequences of requiring adherence to this inflexible
procedure. This experience supports our present determination that
a mandatory, two-step rule for resolving all qualified immunity
claims should not be retained.
Lower court judges, who have had the task of
applying the
Saucier rule on a regular basis for the past
eight years, have not been reticent in their criticism of
Saucier’s “rigid order of battle.” See,
e.g.,
Purtell v.
Mason, 527 F. 3d 615, 622 (CA7
2008) (“This ‘rigid order of battle’ has been criticized on
practical, procedural, and substantive grounds”); Leval, Judging
Under the Constitution: Dicta About Dicta, 81 N. Y. U. L.
Rev. 1249, 1275, 1277 (2006) (referring to
Saucier’s
mandatory two-step framework as “a new and mischievous rule” that
amounts to “a puzzling misadventure in constitutional dictum”). And
application of the rule has not always been enthusiastic. See
Higazy v.
Templeton, 505 F. 3d 161, 179,
n. 19 (CA2 2007) (“We do not reach the issue of whether
[plaintiff’s] Sixth Amendment rights were violated, because
principles of judicial restraint caution us to avoid reaching
constitutional questions when they are unnecessary to the
disposition of a case”);
Cherrington v.
Skeeter,
344 F. 3d 631, 640 (CA6 2003) (“[I]t ultimately is unnecessary
for us to decide whether the individual Defendants did or did not
heed the Fourth Amendment command … because they are entitled to
qualified immunity in any event”);
Pearson v.
Ramos, 237 F. 3d 881, 884 (CA7 2001) (“Whether [the
Saucier] rule is absolute may be doubted”).
Members of this Court have also voiced
criticism of the
Saucier rule. See
Morse v.
Frederick, 551 U. S. ___, ___ (2007) (slip op., at 8)
(Breyer, J., concurring in judgment in part and dissenting in part)
(“I would end the failed
Saucier experiment now”);
Bunting v.
Mellen,
541 U. S. 1019 (2004) (Stevens, J.,
joined by Ginsburg and Breyer, JJ., respecting denial of
certiorari) (criticizing the “unwise judge-made rule under which
courts must decide whether the plaintiff has alleged a
constitutional violation before addressing the question whether the
defendant state actor is entitled to qualified immunity”);
Id., at 1025 (Scalia, J., joined by Rehnquist, C. J.,
dissenting from denial of certiorari) (“We should either make clear
that constitutional determinations are
not insulated from
our review … or else drop any pretense at requiring the ordering in
every case” (emphasis in original));
Brosseau v.
Haugen,
543
U. S. 194, 201–202 (2004) (Breyer, J., joined by Scalia and
Ginsburg, JJ., concurring) (urging Court to reconsider
Saucier’s “rigid ‘order of battle,’ ” which “requires
courts unnecessarily to decide difficult constitutional questions
when there is available an easier basis for the decision
(
e.g., qualified immunity) that will satisfactorily
resolve the case before the court”);
Saucier, 533 U. S.,
at 210 (Ginsburg, J., concurring in judgment) (“The two-part test
today’s decision imposes holds large potential to confuse”).
Where a decision has “been questioned by
Members of the Court in later decisions and [has] defied consistent
application by the lower courts,” these factors weigh in favor of
reconsideration.
Payne, 501 U. S., at 829–830; see also
Crawford v.
Washington,
541 U. S. 36, 60 (2004).
Collectively, the factors we have noted make our present
reevaluation of the
Saucier two-step protocol
appropriate.
III
On reconsidering the procedure
required in
Saucier, we conclude that, while the sequence
set forth there is often appropriate, it should no longer be
regarded as mandatory. The judges of the district courts and the
courts of appeals should be permitted to exercise their sound
discretion in deciding which of the two prongs of the qualified
immunity analysis should be addressed first in light of the
circumstances in the particular case at hand.
A
Although we now hold that the
Saucier protocol should not be regarded as mandatory in
all cases, we continue to recognize that it is often beneficial.
For one thing, there are cases in which there would be little if
any conservation of judicial resources to be had by beginning and
ending with a discussion of the “clearly established” prong. “[I]t
often may be difficult to decide whether a right is clearly
established without deciding precisely what the constitutional
right happens to be.”
Lyons v.
Xenia, 417
F. 3d 565, 581 (CA6 2005) (Sutton, J., concurring). In some
cases, a discussion of why the relevant facts do not violate
clearly established law may make it apparent that in fact the
relevant facts do not make out a constitutional violation at all.
In addition, the
Saucier Court was certainly correct in
noting that the two-step procedure promotes the development of
constitutional precedent and is especially valu- able with respect
to questions that do not frequently arise in cases in which a
qualified immunity defense is unavailable.
B
At the same time, however, the
rigid
Saucier procedure comes with a price. The procedure
sometimes results in a substantial expenditure of scarce judicial
resources on difficult questions that have no effect on the outcome
of the case. There are cases in which it is plain that a
constitutional right is not clearly established but far from
obvious whether in fact there is such a right. District courts and
courts of appeals with heavy caseloads are often understandably
unenthusiastic about what may seem to be an essentially academic
exercise.
Unnecessary litigation of
constitutional issues also wastes the parties’ resources. Qualified
immunity is “an immunity from suit rather than a mere defense to
liability.”
Mitchell, 472 U. S., at 526 (emphasis
deleted).
Saucier’s two-step protocol “disserve[s] the
purpose of qualified immunity” when it “forces the parties to
endure additional burdens of suit—such as the costs of litigating
constitutional questions and delays attributable to resolving
them—when the suit otherwise could be disposed of more readily.”
Brief for Nat. Assn. of Criminal Defense Lawyers as
Amicus
Curiae 30.
Although the first prong of the
Saucier procedure is intended to further the development
of constitutional precedent, opinions following that procedure
often fail to make a meaningful contribution to such development.
For one thing, there are cases in which the
constitutional question is so fact-bound that the decision provides
little guidance for future cases. See
Scott v.
Harris,
550
U. S. 372, 388 (2007) (Breyer, J., concurring) (counseling
against the
Saucier two-step protocol where the question
is “so fact dependent that the result will be confusion rather than
clarity”);
Buchanan v.
Maine, 469 F. 3d 158,
168 (CA1 2006) (“We do not think the law elaboration purpose will
be well served here, where the Fourth Amendment inquiry involves a
reasonableness question which is highly idiosyncratic and heavily
dependent on the facts”).
A decision on the underlying constitutional
question in a §1983 damages action or a
Bivens v.
Six
Unknown Fed. Narcotics Agents, 403 U. S. 388
(1971),[
Footnote 1] action may
have scant value when it appears that the question will soon be
decided by a higher court. When presented with a constitutional
question on which this Court had just granted certiorari, the Ninth
Circuit elected to “bypass
Saucier’
s first step
and decide only whether [the alleged right] was clearly
established.”
Motley v.
Parks, 432 F. 3d
1072, 1078, and n. 5 (2005) (en banc). Similar considerations
may come into play when a court of appeals panel confronts a
constitutional question that is pending before the court en banc or
when a district court encounters a constitutional question that is
before the court of appeals.
A constitutional decision resting on an
uncertain interpretation of state law is also of doubtful
precedential importance. As a result, several courts have
identified an “exception” to the
Saucier rule for cases in
which resolution of the constitutional question requires
clarification of an ambiguous state statute.
Egolf v.
Witmer, 526 F. 3d 104, 109–111 (CA3 2008); accord,
Tremblay v.
McClellan, 350 F. 3d 195, 200
(CA1 2003);
Ehrlich v.
Glastonbury, 348
F. 3d 48, 57–60 (CA2 2003). Justifying the decision to grant
qualified immunity to the defendant without first resolving, under
Saucier’s first prong, whether the defendant’s conduct
violated the Constitution, these courts have observed that
Saucier’s “underlying principle” of encouraging federal
courts to decide unclear legal questions in order to clarify the
law for the future “is not meaningfully advanced … when the
definition of constitutional rights depends on a federal court’s
uncertain assumptions about state law.”
Egolf,
supra, at 110; accord,
Tremblay,
supra,
at 200;
Ehrlich,
supra, at 58.
When qualified immunity is asserted at the
pleading stage, the precise factual basis for the plaintiff’s claim
or claims may be hard to identify. See
Lyons,
supra, at 582 (Sutton, J., concurring);
Kwai Fun
Wong v.
United States, 373 F. 3d 952, 957 (CA9
2004);
Mollica v.
Volker, 229 F. 3d 366, 374
(CA2 2000). Accordingly, several courts have recognized that the
two-step inquiry “is an uncomfortable exercise where … the answer
[to] whether there was a violation may depend on a kaleidoscope of
facts not yet fully developed” and have suggested that “[i]t may be
that
Saucier was not strictly intended to cover” this
situation.
Dirrane v.
Brookline Police Dept., 315
F. 3d 65, 69–70 (CA1 2002); see also
Robinette v.
Jones, 476 F. 3d 585, 592, n. 8 (CA8 2007)
(declining to follow
Saucier because “the parties have
provided very few facts to define and limit any holding” on the
constitutional question).
There are circumstances in which the first
step of the
Saucier procedure may create a risk of bad
decisionmaking. The lower courts sometimes encounter cases in which
the briefing of constitutional questions is woefully inadequate.
See
Lyons, 417 F. 3d, at 582 (Sutton, J., concurring)
(noting the “risk that constitutional questions may be prematurely
and incorrectly decided in cases where they are not well
presented”);
Mollica, supra, at 374.
Although the
Saucier rule prescribes
the sequence in which the issues must be discussed by a court in
its opinion, the rule does not—and obviously cannot—specify the
sequence in which judges reach their conclusions in their own
internal thought processes. Thus, there will be cases in which a
court will rather quickly and easily decide that there was no
violation of clearly established law before turning to the more
difficult question whether the relevant facts make out a
constitutional question at all. In such situations, there is a risk
that a court may not devote as much care as it would in other
circumstances to the decision of the constitutional issue. See
Horne v.
Coughlin, 191 F. 3d, 244, 247 (CA2
1999) (“Judges risk being insufficiently thoughtful and cautious in
uttering pronouncements that play no role in their adjudication”);
Leval 1278–1279.
Rigid adherence to the
Saucier rule
may make it hard for affected parties to obtain appellate review of
constitutional decisions that may have a serious prospective effect
on their operations. Where a court holds that a defendant committed
a constitutional violation but that the violation was not clearly
established, the defendant may face a difficult situation. As the
winning party, the defendant’s right to appeal the adverse holding
on the constitutional question may be contested. See
Bunting, 541 U. S., at 1025 (Scalia, J., dissenting from
denial of certiorari) (“The perception of unreviewability
undermines adherence to the sequencing rule we . . . created” in
Saucier);[
Footnote 2] see also
Kalka v.
Hawk, 215 F. 3d 90, 96, n. 9
(CADC 2000) (noting that “[n]ormally, a party may not appeal from a
favorable judgment” and that the Supreme Court “has apparently
never granted the certiorari petition of a party who prevailed in
the appellate court”). In cases like
Bunting, the
“prevailing” defendant faces an unenviable choice: “compl[y] with
the lower court’s advisory dictum without opportunity to seek
appellate [or certiorari] review,” or “def[y] the views of the
lower court, adher[e] to practices that have been declared illegal,
and thus invit[e] new suits” and potential “punitive damages.”
Horne, supra, at 247–248.
Adherence to
Saucier’s two-step
protocol departs from the general rule of constitutional avoidance
and runs counter to the “older, wiser judicial counsel ‘not to pass
on questions of constitutionality … unless such adjudication is
unavoidable.’ ”
Scott, 550 U. S., at 388 (Breyer, J.,
concurring) (quoting
Spector Motor Service, Inc. v.
McLaughlin,
323 U. S. 101, 105
(1944)); see
Ashwander v.
TVA,
297 U. S. 288, 347
(1936) (Brandeis, J., concurring) (“The Court will not pass upon a
constitutional question although properly presented by the record,
if there is also present some other ground upon which the case may
be disposed of ”).
In other analogous contexts, we have
appropriately declined to mandate the order of decision that the
lower courts must follow. For example, in
Strickland v.
Washington,
466 U. S. 668 (1984), we
recognized a two-part test for determining whether a criminal
defendant was denied the effective assistance of counsel: The
defendant must demonstrate (1) that his counsel’s performance fell
below what could be expected of a reasonably competent
practitioner; and (2) that he was prejudiced by that substandard
performance.
Id., at 687. After setting forth and applying
the analytical framework that courts must use in evaluating claims
of ineffective assistance of counsel, we left it to the sound
discretion of lower courts to determine the order of decision.
Id., at 697 (“Although we have discussed the performance
component of an ineffectiveness claim prior to the prejudice
component, there is no reason for a court deciding an ineffective
assistance claim to approach the inquiry in the same order or even
to address both components of the inquiry if the defendant makes an
insufficient showing on one”).
In
United States v.
Leon,
468 U. S. 897
(1984), we created an exception to the exclusionary rule when
officers reasonably rely on a facially valid search warrant.
Id., at 913. In that context, we recognized that a
defendant challenging a search will lose if either: (1) the warrant
issued was supported by probable cause; or (2) it was not, but the
officers executing it reasonably believed that it was. Again, after
setting forth and applying the analytical framework that courts
must use in evaluating the good-faith exception to the Fourth
Amendment warrant requirement, we left it to the sound discretion
of the lower courts to determine the order of decision.
Id., at 924, 925 (“There is no need for courts to adopt
the inflexible practice of always deciding whether the officers’
conduct manifested objective good faith before turning to the
question whether the Fourth Amendment has been violated”).
This flexibility properly reflects our respect
for the lower federal courts that bear the brunt of adjudicating
these cases. Because the two-step
Saucier procedure is
often, but not always, advantageous, the judges of the district
courts and the courts of appeals are in the best position to
determine the order of decisionmaking will best facilitate the fair
and efficient disposition of each case.
C
Any misgivings concerning our
decision to withdraw from the mandate set forth in
Saucier
are unwarranted. Our decision does not prevent the lower courts
from following the
Saucier procedure; it simply recognizes
that those courts should have the discretion to decide whether that
procedure is worthwhile in particular cases. Moreover, the
development of constitutional law is by no means entirely dependent
on cases in which the defendant may seek qualified immunity. Most
of the constitutional issues that are presented in §1983 damages
actions and
Bivens cases also arise in cases in which that
defense is not available, such as criminal cases and §1983 cases
against a municipality, as well as §1983 cases against individuals
where injunctive relief is sought instead of or in addition to
damages. See
Lewis, 523 U. S., at 841, n. 5 (noting
that qualified immunity is unavailable “in a suit to enjoin future
conduct, in an action against a municipality, or in litigating a
suppression motion”).
We also do not think that
relaxation of
Saucier’s mandate is likely to result in a
proliferation of damages claims against local governments. Compare
Brief for Nat. Assn. of Counties et al., as
Amici
Curiae 29, 30 (“[T]o the extent that a rule permitting courts
to bypass the merits makes it more difficult for civil rights
plaintiffs to pursue novel claims, they will have greater reason to
press custom, policy, or practice [damages] claims against local
governments”). It is hard to see how the
Saucier procedure
could have a significant effect on a civil rights plaintiff’s
decision whether to seek damages only from a municipal employee or
also from the municipality. Whether the
Saucier procedure
is mandatory or discretionary, the plaintiff will presumably take
into account the possibility that the individual defendant will be
held to have qualified immunity, and presumably the plaintiff will
seek damages from the municipality as well as the individual
employee if the benefits of doing so (any increase in the
likelihood of recovery or collection of damages) outweigh the
litigation costs.
Nor do we think that allowing the lower courts
to exercise their discretion with respect to the
Saucier
procedure will spawn “a new cottage industry of litigation … over
the standards for deciding whether to reach the merits in a given
case.” Brief for Nat. Assn. of Counties et al. as
Amici
Curiae 29, 30. It does not appear that such a “cottage
industry” developed prior to
Saucier, and we see no reason
why our decision today should produce such a result.
IV
Turning to the conduct of the
officers here, we hold that petitioners are entitled to qualified
immunity because the entry did not violate clearly established law.
An officer conducting a search is entitled to qualified immunity
where clearly established law does not show that the search
violated the Fourth Amendment. See
Anderson, 483 U. S., at
641. This inquiry turns on the “objective legal reasonableness of
the action, assessed in light of the legal rules that were clearly
established at the time it was taken.”
Wilson v.
Layne,
526
U. S. 603, 614 (1999) (internal quotation marks omitted); see
Hope v.
Pelzer,
536 U. S. 730, 739
(2002) (“[Q]ualified immunity operates to ensure that before they
are subjected to suit, officers are on notice their conduct is
unlawful” (internal quotation marks omitted)).
When the entry at issue here
occurred in 2002, the “consent-once-removed” doctrine had gained
acceptance in the lower courts. This doctrine had been considered
by three Federal Courts of Appeals and two State Supreme Courts
starting in the early 1980’s. See,
e.g.,
United
States v.
Diaz, 814 F. 2d 454, 459 (CA7), cert.
denied,
484 U. S.
857 (1987);
United States v.
Bramble, 103
F. 3d 1475 (CA9 1996);
United States v.
Pollard, 215 F. 3d 643, 648–649 (CA6), cert. denied,
531 U. S. 999
(2000);
State v.
Henry, 133 N. J. 104, 627
A. 2d 125 (1993);
State v.
Johnston, 184
Wis. 2d 794, 518 N. W. 2d 759 (1994). It had been accepted by
every one of those courts. Moreover, the Seventh Circuit had
approved the doctrine’s application to cases involving consensual
entries by private citizens acting as confidential informants. See
United States v.
Paul, 808 F. 2d, 645, 648
(1986). The Sixth Circuit reached the same conclusion after the
events that gave rise to respondent’s suit, see
United
States v.
Yoon, 398 F. 3d 802, 806–808, cert.
denied,
546 U. S.
977 (2005), and prior to the Tenth Circuit’s decision in the
present case, no court of appeals had issued a contrary
decision.
The officers here were entitled to rely on
these cases, even though their own Federal Circuit had not yet
ruled on “consent-once-removed” entries. The principles of
qualified immunity shield an officer from personal liability when
an officer reasonably believes that his or her conduct complies
with the law. Police officers are entitled to rely on existing
lower court cases without facing personal liability for their
actions. In
Wilson, we explained that a Circuit split on
the relevant issue had developed after the events that gave rise to
suit and concluded that “[i]f judges thus disagree on a
constitutional question, it is unfair to subject police to money
damages for picking the losing side of the controversy.” 526 U. S.,
at 618. Likewise, here, where the divergence of views on the
consent-once-removed doctrine was created by the decision of the
Court of Appeals in this case, it is improper to subject
petitioners to money damages for their conduct.
Because the unlawfulness of the officers’
conduct in this case was not clearly established, petitioners are
entitled to qualified immunity. We therefore reverse the judgment
of the Court of Appeals.
It is so ordered.
Footnote 1
See
Harlow v.
Fitzgerald,
457 U. S. 800, 818, and n. 30
(1982) (noting that the Court’s decisions equate the qualified
immunity of state officials sued under 42 U. S. C. §1983 with
the immunity of federal officers sued directly under the
Constitution).
Footnote 2
In
Bunting, the Court of Appeals
followed the
Saucier two-step protocol and first held that
the Virginia Military Institute’s use of the word “God” in a
“supper roll call” ceremony violated the Establishment Clause, but
then granted the defendants qualified immunity because the law was
not clearly established at the relevant time.
Mellen v.
Bunting, 327 F. 3d 355, 365–376 (CA4 2003), cert.
denied,
541
U. S. 1019 (2004). Although they had a judgment in their favor
below, the defendants asked this Court to review the adverse
constitutional ruling. Dissenting from the denial of certiorari,
Justice Scalia, joined by Chief Justice Rehnquist, criticized “a
perceived procedural tangle of the Court’s own making.” 541 U. S.,
at 1022. The “tangle” arose from the Court’s “ ‘settled
refusal’ to entertain an appeal by a party on an issue as to which
he prevailed” below, a practice that insulates from review adverse
merits decisions that are “locked inside” favorable qualified
immunity rulings.
Id., at 1023, 1024.
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