Cite as: 540 U. S. 551 (2004)
Opinion of the Court
senting opinion, in which Rehnquist, C. J., joined, post, p. 566. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined, and in which Rehnquist, C. J., joined as to Part III, post, p. 571.
Richard A. Cordray argued the cause for petitioner. With him on the briefs was Harry Litman.
Austin C. Schlick argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Clement, Barbara L. Herwig, and Howard S. Scher.
Vincent J. Kozakiewicz argued the cause for respondents.
With him on the brief was W. G. Gilbert III.*
Justice Stevens delivered the opinion of the Court.
Petitioner conducted a search of respondents' home pursuant to a warrant that failed to describe the "persons or things to be seized." U. S. Const., Amdt. 4. The questions presented are (1) whether the search violated the Fourth Amendment, and (2) if so, whether petitioner nevertheless is entitled to qualified immunity, given that a Magistrate Judge (Magistrate), relying on an affidavit that particularly described the items in question, found probable cause to conduct the search.
*A brief of amici curiae urging reversal was filed for the State of Texas et al. by Greg Abbott, Attorney General of Texas, R. Ted Cruz, Solicitor General, Barry R. McBee, First Assistant Attorney General, Jay Kimbrough, Deputy Attorney General, and Ryan D. Clinton, Assistant Solicitor General, and by the Attorneys General for their respective States as follows: Gregg D. Renkes of Alaska, M. Jane Brady of Delaware, Charles J. Crist, Jr., of Florida, Mark J. Bennett of Hawaii, Steve Carter of Indiana, J. Joseph Curran, Jr., of Maryland, Mike Hatch of Minnesota, Mike Moore of Mississippi, Brian Sandoval of Nevada, W. A. Drew Edmondson of Oklahoma, D. Michael Fisher of Pennsylvania, Lawrence E. Long of South Dakota, William H. Sorrell of Vermont, JerryW.Kilgore of Virginia, Christine O. Gregoire of Washington, and Peggy A. Lautenschlager of Wisconsin.
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