Warrantless Entry Into Curtilage Of Home Was An Unconstitutional Search.

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 cartilage 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) (Case No. 11-55401).