Legal Opinion

Michael Montanez v. Jorge Carvajal

Court of Appeals for the Eleventh Circuit

Decided May 9, 2018No. 16-17639PublishedCited by 17 opinions

1Opinion of the Court

NEWSOM, Circuit Judge:

*1205 Police officers interrupt what they reasonably believe to be a residential burglary and detain two suspects just outside the house. Having done so, can the officers thereafter lawfully enter the home-without a warrant, and without further suspicion of wrongdoing-to briefly search for additional perpetrators and potential victims? We hold that they can. In particular, we hold that the suspected burglary presents an "exigent circumstance" that justifies a warrantless entry and search.

I

On a springtime afternoon in 2011, Officer Todd Raible of the Volusia (Florida) County…

2Cases cited22 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Graham v. ConnorSupreme Court of the United States · 1989
  3. Pearson v. CallahanSupreme Court of the United States · 2009
  4. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  5. Mapp v. OhioSupreme Court of the United States · 1961

17 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. United States v. Willie Lee CooksCourt of Appeals for the Eleventh Circuit · 2019
  2. United States v. Willie EvansCourt of Appeals for the Eleventh Circuit · 2020
  3. Barcelona v. Secretary of D.O.C.District Court, S.D. Florida · 2019
  4. Davis v. BradshawDistrict Court, S.D. Florida · 2020
  5. Ellis Athanas v. Officer Alejandro Perez, a Lee County Sheriff Deputy, in his individual capacityDistrict Court, M.D. Florida · 2026

12 more not listed; retrieve them via the Exa API.

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