DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
222872P.pdf 07/24/2023 Benedda Cotten v. Ryan Miller
U.S. Court of Appeals Case No: 22-2872
U.S. District Court for the District of Minnesota
[PUBLISHED] [Colloton, Author, with Melloy and Gruender, Circuit Judges]
Civil case - Civil rights. Plaintiffs claimed the defendant police
officers violated their Fourth Amendment rights by making a warrantless
search of plaintiffs' apartment, and the district court granted summary
judgment for plaintiffs. Reversed, as the officers had probable cause,
based on a 911 call and information gathered from plaintiffs' neighbors,
to believe than domestic violence had occurred in the plaintiffs'
apartment; further the circumstances created an exigency which justified
warrantless entry; plaintiffs' denial through a closed door that anything
had happened was not sufficient to dispel the officer's concern that a
potential victim was injured or threatened with future harm; additionally,
the officers had reasonable grounds to believe that the domestic violence
suspect was still in the home with the putative victim; under the totality
of the circumstances a reasonable officer in defendants' position could
have concluded that that entry was necessary to provide assistance or
prevent future harm; the entry did not violate plaintiffs' Fourth
Amendment rights, and the officers were entitled to summary judgment.