Bogan v. City of Chicago, No. 10-2170 (7th Cir. 2011)
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Responding to a domestic violence call in an apartment building, officers attempted to follow the suspect through the building and encountered plaintiff, mother of the suspect, and searched her apartment. The district court rejected her 42 U.S.C. 1983 suit. The Seventh Circuit affirmed.Because the officers presented evidence of exigent circumstances, the only question was whether plaintiff had met her burden of showing that the police did not reasonably believe that her son would be found in plaintiff's apartment. The district court’s instruction on burden of proof correctly and clearly stated the law. A question asked of an officer: "At the time that you’re moving through [the] apartment, did you believe [plaintiff's son] was moving to the rear of the building?" did not call for subjective assessment of reasonableness of officers' actions, given the circumstances.The testimony provided a sufficient basis from which the jury could conclude that the officers reasonably believed that a suspect was behind the door of what turned out to be plaintiff's apartment.
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