Legal Opinion · Dissent

Coffin v. Brandau

Court of Appeals for the Eleventh Circuit

Decided June 22, 2010No. 08-14538Published

1DissentWood, District Judge

I agree with the majority that the right of the Coffins to recover turns on whether the garage constituted part of their home. I dissent because I conclude that the Coffins’ garage was a part of their home and that the warrantless entry into the home violated clearly established Fourth Amendment rights such that qualified immunity does not shield the Defendants.

The Fourth Amendment draws a firm line of protection around “the unambiguous physical dimensions of an individual’s home.” Payton v. New York, 445 U.S. 573, 589, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980). Pursuant to Supreme Court…

2Cases cited14 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. Payton v. New YorkSupreme Court of the United States · 1980
  3. Chimel v. CaliforniaSupreme Court of the United States · 1969
  4. Kyllo v. United StatesSupreme Court of the United States · 2001
  5. Silverman v. United StatesSupreme Court of the United States · 1961

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