Feliciano v. Acosta, et al, No. 12-11397 (11th Cir. 2013)
Annotate this CaseFour police officers appealed the district court's denial of their motion for partial summary judgment on plaintiff's 42 U.S.C. 1983 unlawful search claim. Plaintiff alleged that the officers violated her Fourth Amendment rights when they conducted a warrantless entry into her home and searched it. The court concluded that the officers lacked even arguable probable cause or exigent circumstances justifying their entry into plaintiff's apartment without a warrant or her consent. Therefore, the court agreed with the district court's ultimate conclusion that the officers were not entitled to summary judgment, though not for the same reasons articulated by the district court.
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