An Unconstitutional Search No Longer From Warrantless Entry Into Curtilage Of Home.

Case Reported Last Year On our Blog, Now Heard By U.S. Supreme Court.

Last year, we reported the following:

Plaintiff was standing behind the gate at the entrance to her home when a police officer kicked it down and knocked her unconscious. The officer believed his warrantless entry into the curtilage of plaintiff’s home was justified by his pursuit of a suspect “who had committed at most a misdemeanor offense by failing to stop for questioning in response to a police order.” The district court dismissed plaintiff’s case after finding the officer was entitled to qualified immunity. The Ninth Circuit reversed after concluding the officer’s actions amounted to an unconstitutional search, stating:  “We hold that the law at the time of the incident would have placed a reasonable officer on notice that his warrantless entry into the curtilage of a home constituted an unconstitutional search, which could not be excused under the exigency or emergency exception to the warrant requirement.” (Sims v. Stanton (Ninth Cir.; December 3, 2012) (As Mod., January 16, 2013) 706 F.3d 954 (Reversed and Remanded).)

The United States Supreme Court granted a writ of certiorari, and reversed the Ninth Circuit’s judgment, noting the police officer’s actions were not “plainly incompetent.”  (Stanton v. Sims (U.S. Sup. Ct.; November 4, 2013) 134 S.Ct. 3, 187 L.Ed.2d 341.)