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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.
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