Hanlon v. Berger, 526 U.S. 808, 2 (1999) (per curiam)

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Cite as: 526 U. S. 808 (1999)

Per Curiam

Per Curiam.

Respondents Paul and Erma Berger sued petitioners— special agents of the United States Fish and Wildlife Service and an assistant United States attorney—for damages under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971). They alleged that the conduct of petitioners had violated their rights under the Fourth Amendment to the United States Constitution. 129 F. 3d 505 (CA9 1997). We granted certiorari, 525 U. S. 981 (1998).

Respondents live on a 75,000-acre ranch near Jordan, Montana. In 1993, a Magistrate Judge issued a warrant authorizing the search of "The Paul W. Berger ranch with appurtenant structures, excluding the residence" for evidence of "the taking of wildlife in violation of Federal laws." App. 17. About a week later, a multiple-vehicle caravan consisting of Government agents and a crew of photographers and reporters from Cable News Network, Inc. (CNN), proceeded to a point near the ranch. The agents executed the warrant and explained: "Over the course of the day, the officers searched the ranch and its outbuildings pursuant to the authority conferred by the search warrant. The CNN media crew . . . accompanied and observed the officers, and the media crew recorded the officers' conduct in executing the warrant." Brief for Petitioners 5.

Review of the complaint's much more detailed allegations to the same effect satisfies us that respondents alleged a Fourth Amendment violation under our decision today in

Birenz, Slade R. Metcalf, Jack N. Goodman, David S. J. Brown, René P. Milam, George Freeman, and Jane E. Kirtley.

Briefs of amici curiae urging affirmance were filed for the National Association of Criminal Defense Lawyers by Joshua L. Dratel; and for the National Association of Securities and Commercial Law Attorneys by Kevin P. Roddy.

M. Reed Hopper and Robin L. Rivett filed a brief for the Pacific Legal Foundation as amicus curiae.

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