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CA11: Warrantless arrest 6' inside defendant's door violated Fourth Amendment

By John Wesley Hall, Jr.

Warrantless arrest just inside the doorway was a violation of the Fourth Amendment. Summary judgment for defense on qualified immunity reversed. Shepard v. Davis, 2008 U.S. App. LEXIS 24172 (11th Cir. November 25, 2008) (unpublished): Construing the factual allegations in the light most favorable to Shepard, the record shows that Shepard opened the door in response to the officers' knock and announcement, asked, "May I help you?", to which Officer Davis replied, "We are here to arrest you[;] [y]ou are Dwayne Shepard correct?" After confirming his identity, Shepard asked the officers for a warrant. According to Shepard's amended complaint, the officers then entered through the front door, grabbed Shepard by the arm, and pushed him about six feet into the living room...continue to full post

Full post as published by Fourth Amendment on November 28, 2008 (boomark / email).