618
Opinion of Stevens, J.
U. S. 555, 562 (1978). See also Wood v. Strickland, 420 U. S. 308, 321 (1975); Pierson v. Ray, 386 U. S. 547, 557 (1967). Between the time of the events of this case and today's decision, a split among the Federal Circuits in fact developed on the question whether media ride-alongs that enter homes subject the police to money damages. See 141 F. 3d, at 118- 119; Ayeni v. Mottola, 35 F. 3d 680 (CA2 1994), cert. denied, 514 U. S. 1062 (1995); Parker v. Boyer, 93 F. 3d 445 (CA8 1996), cert. denied, 519 U. S. 1148 (1997); Berger v. Hanlon, 129 F. 3d 505 (CA9 1997), cert. granted, 525 U. S. 981 (1998). If judges thus disagree on a constitutional question, it is unfair to subject police to money damages for picking the losing side of the controversy.
For the foregoing reasons, the judgment of the Court of Appeals is affirmed.
It is so ordered.
Justice Stevens, concurring in part and dissenting in part.
Like every other federal appellate judge who has addressed the question, I share the Court's opinion that it violates the Fourth Amendment for police to bring members of the media or other third parties into a private dwelling during the execution of a warrant unless the homeowner has consented or the presence of the third parties is in aid of the execution of the warrant. I therefore join Parts I and II of the Court's opinion.
In my view, however, the homeowner's right to protection against this type of trespass was clearly established long before April 16, 1992. My sincere respect for the competence of the typical member of the law enforcement profession precludes my assent to the suggestion that "a reasonable officer could have believed that bringing members of the media into a home during the execution of an arrest warrant was lawful." Ante, at 615. I therefore disagree with the Court's
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