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Carroll v. Carman, 14-212

In this case, plaintiffs sued defendant police officer under 42 U.S.C. section 1983 for, as they allege, unlawfully entering their property in violation of the Fourth Amendment when the officer went into their backyard and onto their deck without a warrant. Judgment of the Third Circuit finding that the officer violated the Fourth Amendment as a matter of law because the "knock and talk" exception requires that police officers begin their encounter at the front door, where they have an implied invitation to go, and finding that the officer was not entitled to qualified immunity because his actions violated clearly established law, is reversed as to the determination that the officer was not entitled to qualified immunity, where: 1) a government official sued under section 1983 is entitled to qualified immunity unless the official violated a statuary or constitutional right that was clearly established at the time of the challenged conduct; and 2) existing precedent did not put a statutory or constitutional question at-issue in the circumstances here described.

Appellate Information

  • Decided 11/20/2014
  • Published 12/04/2014

Judges

Court

  • United States Supreme Court

Counsel