Soza v. Demsich

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 10:25

Officers entered plaintiff’s front porch with guns drawn, handcuffed him, and patted him down as part of a burglary investigation and found a weapon and drugs; with respect to the warrantless entry onto the porch, court finds porch was clearly with the curtilage of the home; it was clearly established that warrantless search of curtilage is unconstitutional; but court distinguishes entry onto porch for purpose of seizure and holds that law was not clearly established that would be unconstitutional.

Actionable Conduct Edition