Police, The Fourth Amendment, Qualified Immunity

Has Judge Joseph M. Hood committed reversible error?

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Judge Joseph M. Hood found that police officers could arrest a woman for obstruction because she did not open the door when police came to arrest her brother (who was present in the house).

In Kentucky v. King (2011), the Supreme Court said:

When law enforcement officers who are not armed with a warrant knock on a door, they do no more than any private citizen might do. And whether the person who knocks on the door and requests the opportunity to speak is a police officer or a private citizen, the occupant has no obligation to open the door or to speak. Cf. Florida v. Royer, 460 U.S. 491, 497-498, 103 S.Ct. 1319, 75 L.Ed.2d 229 (1983). (“[H]e may decline to listen to the questions at all and may go on his way”). When the police knock on a door but the occupants choose not to respond or to speak, “the investigation will have reached a conspicuously low point” . . .

This seems fundamentally inconsistent with Judge Hood’s opinion in Baughman v. Brooks, Dist. Court, ED Kentucky 2016.

Written by Burgers Allday

May 8, 2016 at 5:30 pm

Posted in Uncategorized

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