United States Eleventh Circuit
Whittier v. Kobayashi, 08-12998
In an action claiming that defendant-officer violated plaintiff's son's Fourth Amendment rights when he entered her home without first knocking and announcing the SWAT team's presence, a denial of summary judgment based on qualified immunity is reversed where a reasonable officer could have had reasonable suspicion that knocking and announcing his presence would have been dangerous under the circumstances facing the SWAT team.
Appellate Information
- Decided 08/31/2009
- Published 08/31/2009
Judges
- PER CURIAM:, Before EDMONDSON, BLACK and SILER, Circuit Judges.
Court
- United States Eleventh Circuit
Counsel
- For Appellees:
- Scott D. Alexander, Johnson Anselmo Murdoch Burke Piper & McDuff, Ft. Lauderdale, FL, for Defendant-Appellant., Terrence P. Collingsworth, Conrad & Scherer, Washington, DC, Janine Kalagher McGuire, Conrad & Scherer, Ft. Lauderdale, FL, for Plaintiffs-Appellees.