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Michael Montanezv.Jorge Carvajal, Et Al

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.16-17639
DecidedMay 9, 2018
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
CivilCivil RightsConstitutional LawFourth AmendmentSearch and SeizureExigent CircumstancesQualified ImmunitySection 1983Summary JudgmentReversalRemand
Case Summary

Sheriff’s deputies confronted two men outside a Florida home during what they reasonably believed was a burglary in progress. After finding knives in one man’s pockets and pry marks near the back door, officers entered the home without a warrant, briefly swept areas where a person could be found, and saw marijuana and drug paraphernalia in plain view. They later returned to observe the items before obtaining a warrant; no drug charges were filed, and the money ultimately seized belonged to homeowner Michael Montanez. Montanez sued under Section 1983, arguing that the entries violated the Fourth Amendment. The Eleventh Circuit reversed the denial of qualified immunity. The court held that the suspected burglary created an exigent circumstance justifying the initial announcement and protective sweep for perpetrators or victims. Because the contraband was seen during that lawful intrusion, later limited entries to observe it did not exceed the original invasion. The officers therefore committed no constitutional violation, and the case was remanded with instructions to grant summary judgment for them.

Opinion

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The Far Side
Michael Montanez V. Jorge Carvajal, Et Al — The Atlanta Gleaner