Michael Bailey Jane Bailey Billy Bailey v. D.H. Kennedy D.B. Whitley Mike Crisp City of Hickory

Respectfully, I disagree with Judge Widener’s characterization of the panel’s opinion in this case. As the panel opinion clearly reflects, the district court found, in the light most favorable to Bailey, that when Officer Whitley arrived at Bailey’s home, he found Bailey eating lunch, spoke with him for approximately five minutes, and then, apparently satisfied, voluntarily left the house. See Bailey v. Kennedy, 349 F.3d 731, 734 (4th Cir.2003). Then, Officer Kennedy “knowing only that Officer Whitley had exited the house and that Officer Whitley said [at most] ‘we’re going to have to do…