CA2: Entry into house here for child protection was based on necessity and exigency

The warrantless entry here did not violate plaintiff’s Fourth Amendment rights because the objective circumstances at the time could cause a reasonable officer to believe that there were exigent circumstances requiring prompt entry. Prior to entering the house, officers were told that plaintiff was armed and dangerous and a convicted felon wanted for weapons and drug violations, there was a documented history of substantiated DCF involvement with plaintiff’s seven-year-old step-daughter, that an earlier search resulted in the seizure of guns and drugs accessible to children, and that DCF wanted to remove the child due to concerns about her health, welfare, and safety. Thus, it was objectively reasonable to believe that plaintiff may have been at the residence and that he posed a threat to the child as well as the DCF worker conducting the welfare check, so entry was justified by exigent circumstances and the officers were entitled to qualified immunity. Montanez v. Sharoh, 444 Fed. Appx. 484 (2d Cir. 2011).*

Officer entered plaintiff’s property on a “civil standby” where he didn’t read the order and the order did not permit an entry. The entry thus violated the Fourth Amendment. Osborne v. Seymour, 164 Wn. App. 820, 265 P.3d 917 (2011).*