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Summary judgment denied in emergency search of house where emergency was dispelled

By John Wesley Hall, Jr.

In a civil case over an excessive protective sweep allegedly based on an emergency, the court denies the officer summary judgment because the sweep was excessive. Hunsberger v. Blessard, 2008 U.S. Dist. LEXIS 51250 (W.D. Va. July 3, 2008): Viewing the facts in the light most favorable to the Hunsbergers with the above precepts in mind, the court concludes that even if Wood's initial entry could be viewed as objectively reasonable, his findings once inside, at least before he entered the bedroom of the Hunsbergers' daughter and probably before, should have dispelled any reasonable belief that an emergency, in fact, existed justifying further intrusion. Therefore, accepting the facts in the light most favorable to the Hunsbergers, the court concludes that Wood's warrantless excursion into the Hunsbergers' home exceeded the scope of the emergency and community caretaker doctrines and, therefore, was impermissible...continue to full post

Full post as published by Fourth Amendment on July 08, 2008 (boomark / email).