police4aqi

Police, The Fourth Amendment, Qualified Immunity

Police kill man during 11 pm “welfare check” for answering door with his gun

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Case:  Acre v. Chambers, Court of Appeals, 11th Circuit 2016

What happened:  Man had a history of domestic violence, so police decide to do a “welfare check” at his house at 10:54 pm.  The man answered the door with his gun and was angry when he saw it was police.  Man would not put down his gun and physically tried to keep police out of his house, so they shot him dead.

Decision:  Eleventh Circuit, three judge appellate panel (ED CARNES, Chief Judge, WILSON and ROSENBAUM, Circuit Judges) decided that this was reasonable and acceptable police behavior under 4A.

Comment:  Since when do you have to let police in your house on a welfare check?  Wrongly decided.  Hope case gets a SCOTUS cert. grant.  This case really deserved more public attention than it seemed to get.

Second comment:  I remember when this was decided (in the same way) by the District Court, whose opinion had a much more detailed recounting of the facts.  Too lazy to find a link to that, but I remember thinking that this one would get reversed if it were appealed.  Guess not.

Written by Burgers Allday

April 22, 2016 at 4:33 pm

Posted in Uncategorized

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