Police, The Fourth Amendment, Qualified Immunity

VERNON v. CITY OF SANTA BARBARA, 10-56925 (9th Cir. 7-5-2012) (unpublished)

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To satisfy its burden as to the exigent circumstances exception, Defendants must establish probable cause to enter and search Vernon’s house . . . The SBPD officers had probable cause to believe that a crime was about to occur inside Vernon’s residence and that a protective sweep was necessary to prevent physical harm to the occupants of the house and of the neighborhood. The officers’ probable cause determination was supported by the two 9-1-1 calls alerting them that two men with a rifle and a case of beer were on the roof and the statement about the whereabouts of a shotgun they overheard an occupant of the house make to his friend only after seeing the police approach the front of the house.

(emphasis added)

Comment: If the policemen could have frozen time and applied for a warrant to search the home, would these facts really be sufficient to get a warrant?

Written by Burgers Allday

July 7, 2012 at 7:28 am

Posted in Uncategorized

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