DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
111048P.pdf 01/25/2012 Sandra Der v. Sean Connolly
U.S. Court of Appeals Case No: 11-1048
and No: 11-1162
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Smith, Author, with Bye and Colloton, Circuit Judges]
Civil case - civil rights. In a Section 1983 action for a warrantless
arrest, the district court correctly instructed the jury that the plaintiff
bore the burden of proving that she did not knowingly and voluntarily consent
to a police officer's entry into her home and that it was objectively
unreasonable for the officer to believe that an emergency justifying his
entry existed; "emergency-aid-doctrine" instruction was not erroneous;
the district court did not abuse its discretion in admitting the results of
plaintiff's preliminary breath test for the limited purpose of determining
the reasonable of the officer's actions after the administered the test; no
error in excluding evidence of a subsequent home-entry event involving
the officer.