Ninth Circuit: Cops who entered home W/O warrant looking for guns can be sued

Repeater · Jan 14, 2011

See here:

Entry of police to investigate rumor to "shoot up" school was without exigency or PC

Four officers received a call from a school that a student threatened to “shoot up” the school. The got the report and went to the student’s home. All four entered the house after entrance was refused by the student’s parents. After 10-15 minutes inside where they did not search, the officers concluded the rumor at school was unfounded, and they left and went to the school and reported it. When they were sued, all were found to have qualified immunity. The Ninth Circuit reversed as to the first two and affirmed as to the second two following the first because they believed the first two had consent. As to the first two officers, there were neither exigent circumstances nor probable cause for the entry. Huff v. City of Burbank, 09-55239 (9th Cir. January 11, 2011).

...

The concurring judge would have found exigent circumstances for the first two officers based a mere fear of a gun.

One would wonder how Saturday's events in Tucson would have borne on this decision. But, opinions waiting release go through processing, so it would have undoubtedly been completed days earlier.

since9 · Jan 16, 2011

Good! I'm not saying they should be sued, but it's nice for them and others to realize they can't just go around entering private residences upon mere whims.

MKEgal · Jan 16, 2011

O.M.G.
Despite being refused entrance by both adult owners of the residence, they forced their way in anyway??? And expected to get away with it??

Wouldn't happen here 'cause I keep my screen doors locked, & if an officer other than my friend (who happens to be a police officer) shows up to chat I'll either stay inside or step out & lock the door behind me.

OldCurlyWolf · Jan 16, 2011

I would have called for a sheriff's deputy to arrest them all for B&E. That is what they did.

lockman · Jan 16, 2011

OldCurlyWolf said:
I would have called for a sheriff's deputy to arrest them all for B&E. That is what they did.

B & E maybe, it may have different names in different locations but here in IL it is called home invasion! A forceable felony with a justified use of deadly force if the occupants fear for their safety. With police impersonators or corrupt officials this can leave a homeowner with a heart wrenching choice.

Choices:

1. Comply and be violated with your consent.
2. Do not consent or comply and be violated anyway.

sudden valley gunner · Jan 16, 2011

OldCurlyWolf said:
I would have called for a sheriff's deputy to arrest them all for B&E. That is what they did.

I wish it was that easy, maybe in your neck of the woods, but I can't get the Sheriff or prosecutor's here to make any move on police. They told me only if you have proof they are doing something like dealing drugs.

effigy · Jan 16, 2011

These particular officers weren't too bright or their superiors weren't too bright. They may have had probable cause to get a warrant, but they blew it.

OldCurlyWolf · Jan 17, 2011

sudden valley gunner said:
I wish it was that easy, maybe in your neck of the woods, but I can't get the Sheriff or prosecutor's here to make any move on police. They told me only if you have proof they are doing something like dealing drugs.

Then take it to the AG's office. If you can't get him off the dime, check with a lawyer about civil rights violations and take it to the US attorney.

If You get the AG to act He should also go after the Sheriff and the DA for non performance of office.

And also go the civil route. Hang them any way you can.

sudden valley gunner · Jan 22, 2011

OldCurlyWolf said:
Then take it to the AG's office. If you can't get him off the dime, check with a lawyer about civil rights violations and take it to the US attorney.

If You get the AG to act He should also go after the Sheriff and the DA for non performance of office.

And also go the civil route. Hang them any way you can.

I have, it is ignored, I do have another route I am working on though, one is civilian oversight group, we are starting, and another is I have a friend who works for the FBI.

Thundar · Jan 22, 2011

lockman said:
B & E maybe, it may have different names in different locations but here in IL it is called home invasion! A forceable felony with a justified use of deadly force if the occupants fear for their safety. With police impersonators or corrupt officials this can leave a homeowner with a heart wrenching choice.

Choices:

1. Comply and be violated with your consent.
2. Do not consent or comply and be violated anyway.

There is a third choice for resisting such tyrannical actions. (That is why we have the 2A after all.)

4sooth · Jan 28, 2011

The way I have had the most success in getting police to understand search and seizure as it relates to weapons is to tell them that there is NO FIREARMS EXCEPTION to the fourth amendment! Lots of surprised looks when they hear this.

since9 · Jan 29, 2011

Thundar said:
There is a third choice for resisting such tyrannical actions. (That is why we have the 2A after all.)

True, and if exercised, you might get away with it until reinforcements arrived to bury you under years of police procedure, if not a hail of gunfire.

I think "I will comply however I do not consent" is the better option, and it might be nice to have a large plaquard handy to hang in the window as you lock your door. Perhaps "I refuse to talk to you further and do not consent to your actions."

I dunno. Gets into all sorts of awkward territory.

Ninth Circuit: Cops who entered home W/O warrant looking for guns can be sued

Repeater

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since9

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MKEgal

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OldCurlyWolf

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lockman

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sudden valley gunner

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effigy

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OldCurlyWolf

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sudden valley gunner

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Thundar

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4sooth

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since9

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