Seventh Circuit Finds in Favor of City in Warrantless Entry and False Arrest Case
The Seventh Circuit Court of Appeals recently upheld the dismissal of a lawsuit against a City and several police officers, finding that the officers had probable cause to support the arrest and warrantless entry into the arrestee's home. Cannon v. Filip.
Plaintiff sued the City and several police officers claiming they violated his Fourth Amendment rights when they entered his home without a warrant and arrested him for domestic battery. The police officers were acting on a 911 call that claimed the plaintiff was abusing a woman, and entered the home based on their belief that there was exigent circumstances since there was no answer at the home. After questioning both individuals in the home, the officers arrested plaintiff and charged him with domestic battery. Those charges were later dropped and he sued the City and officers. The district court ruled in favor of the City and officers and he appealed.
On appeal, the Seventh Circuit held that the police officers had an objective reasonable basis to believe that someone in the home needed immediate aid and there was a compelling need to enter without a warrant. The basis for the officers' belief was the 911 call that there was a domestic violence situation at the home. The Court also rejected plainitff's false arrest claim, finding that there was sufficient probable cause for the arrest based on statements by the woman at the home.
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