Repeater
Regular Member
Entry into a home to serve a summons violated the Fourth Amendment
Opinion here:
The fact is that in Virginia, most gun-related offenses are punishable as misdemeanors. Further, Virginia continues to prefers Summons over custodial arrests, so this opinion helps safeguard your home from police invasion to serve a Summons.
Moore is denied Qualified Immunity; too bad for him.
Opinion here:
[Sergeant David L.] Moore contends that he did not violate the Fourth Amendment rights of Esperanza Guerrero when he entered her home in an effort to serve a judicially-issued misdemeanor summons on Antonia Munguia. He fails to persuade us, however, that the summons was the functional equivalent of an arrest warrant for Fourth Amendment purposes. Summonses confer more limited authority than arrest warrants; notably, Moore lacked the authority to take Munguia into custody upon service of the summons. Moore fails to cite any persuasive Fourth Amendment precedent that permits a government official to enter a dwelling to serve a non-custodial misdemeanor summons. Indeed, the latest relevant opinion of the Virginia Attorney General concludes that an officer lacks such authority. 2003 Va. Op. Att’y Gen. 64, 2003 WL 23208766 (Sept. 16, 2003) (“[A]bsent consent of a dwelling owner, a law-enforcement officer must obtain a warrant before entering a dwelling for the purpose of serving a summons for a misdemeanor.”).
The fact is that in Virginia, most gun-related offenses are punishable as misdemeanors. Further, Virginia continues to prefers Summons over custodial arrests, so this opinion helps safeguard your home from police invasion to serve a Summons.
Moore is denied Qualified Immunity; too bad for him.