[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________ FILED

U.S. COURT OF APPEALS

No. 04-13426 ELEVENTH CIRCUIT

MAY 2, 2005

________________________

THOMAS K. KAHN

CLERK

D. C. Docket No. 04-60416 CV-PCH TROPICAL AVIATION GROUND SERVICES, INC., A Florida corporation,

Plaintiff-Appellee,

versus KENNETH JENNE, II, Sheriff of Broward County, ROBERT SIERRA,

Defendants-Appellants.

________________________

Appeal from the United States District Court

for the Southern District of Florida

_________________________

(May 2, 2005) Before BLACK, MARCUS and FAY, Circuit Judges. PER CURIAM:

Appellant Robert Sierra, an employee of the Broward County Sheriff’s Office, conducted a warrantless search on the commercial premises of Appellee Tropical Aviation Ground Services, Inc. (Tropical Aviation). Pursuant to 42 U.S.C. § 1983, Tropical Aviation brought suit against Sierra, alleging a violation of the Fourth Amendment. Sierra filed a Rule 12(b)(6) motion to dismiss the complaint based on qualified immunity. The district court denied Sierra’s motion, and this appeal followed. The district court did not err in denying Sierra’s motion to dismiss.

AFFIRMED.

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