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CA9: Entry of police to investigate rumor to "shoot up" school was without exigency or PC

By John Wesley Hall, Jr.

Four officers received a call from a school that a student threatened to “shoot up” the school. The got the report and went to the student’s home. All four entered the house after entrance was refused by the student’s parents. After 10-15 minutes inside where they did not search, the officers concluded the rumor at school was unfounded, and they left and went to the school and reported it. When they were sued, all were found to have qualified immunity. The Ninth Circuit reversed as to the first two and affirmed as to the second two following the first because they believed the first two had consent. As to the first two officers, there were neither exigent circumstances nor probable cause for the entry. Huff v. City of Burbank, 09-55239 (9th Cir...continue to full post

Full post as published by Fourth Amendment on January 12, 2011 (boomark / email).