Montanez v. Carvajal, No. 16-17639 (11th Cir. 2018)Annotate this Case
After police officers interrupt what they reasonably believe to be a residential burglary and detain two suspects just outside of the house, they can thereafter lawfully enter the home—without a warrant, and without further suspicion of wrongdoing—to briefly search for additional perpetrators and potential victims. The Eleventh Circuit held that the suspected burglary presented an exigent circumstance that justified a warrantless entry and search. Accordingly, the officers in this case did not violate the Fourth Amendment, and the court reversed the district court's denial of summary judgment and remanded with instructions to grant the officers' motion for summary judgment.
The court issued a subsequent related opinion or order on June 27, 2019.