Creighton v. City of St. Paul

HEANEY, Circuit Judge.

The issue in this appeal is whether the district court erred in granting Federal Bureau of Investigation Agent Russell Anderson’s motion for summary judgment on the Creightons’ claim that Anderson’s warrant-less search of their home at night violated their rights under the fourth amendment to the United States Constitution. For the reasons set forth below, we reverse and remand.

I. FACTS.

Because this case was dismissed on Anderson’s motion for summary judgment, we set out the facts in the light most favorable to the Creightons and draw all inferences from the underlying…