United States Third Circuit

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Carman v. Carroll, 13-2371

In an action brought pursuant to 42 U.S.C. section 1983, alleging that defendant-officer violated plaintiffs Fourth Amendment rights when he entered their property without a warrant while searching for a suspect, judgment in favor of defendant is: 1) reversed in part, with regard to the district court's denial of the plaintiffs' motion for judgment as a matter of law on their unlawful entry claim, where, because defendant proceeded directly through the back of the plaintiffs' property and did not begin his visit at the front door, the "knock and talk" exception to the warrant requirement does not apply; but 2) affirmed as to the jury verdict regarding plaintiffs' unlawful seizure claim because there was sufficient support for the jury's finding that defendant acted reasonably.

Appellate Information

  • Decided 05/15/2014
  • Published 05/15/2014

Judges

  • FUENTES

Court

  • United States Third Circuit

Counsel

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