(DOWNLOAD) "Wyatt v. Terhune" by Ninth Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Wyatt v. Terhune
- Author : Ninth Circuit U.S. Court of Appeals
- Release Date : January 23, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
It is a sad state of affairs when police officers must stand between a mother and her minor daughter to keep the peace. The aftermath of such a situation brings this case before us. We must decide whether the defendant police officers violated the mothers constitutional rights in their efforts to keep the peace, and whether they used excessive force in the process. We agree with the district court that the police officers entry into the residence did not run afoul of the Fourth Amendment. The district court reached its conclusion on the Fourth Amendment issue by employing a general reasonableness analysis. We affirm on the alternate ground that the search, such as it was, was reasonable under the definitive special needs exception to the Fourth Amendments warrant requirement. We also affirm the district courts grant of summary judgment in favor of defendants on Eleanor Hendersons excessive force claim.