CA11: Damage to door in attempt to enter, without entry, is de minimus for Fourth Amendment purposes

In a pro se § 1983 case over an officer allegedly banging on and kicking a door to the point of damaging it to get access, but did not get access, the court agrees with the district court that there was no seizure or interference with liberty. This damage was de minimus, and it did not rise to the level of a Fourth Amendment violation. Porter v. Jewell, 453 Fed. Appx. 934 (11th Cir. 2012) (unpublished):

The Constitution, however, “is not concerned” with de minimis violations. Ingraham v. Wright, 97 S.Ct. 1401, 1414 (1977); see also United States v. Hernandez, 418 F.3d 1206, 1212 n.7 (11th Cir. 2005) (stating that “[o]f trifles the law does not concern itself: De minimis non curat lex”); United States v. Purcell, 236 F.3d 1274, 1279 (11th Cir. 2001) (concluding that a de minimis delay during a traffic stop did not violate the Fourth Amendment); Nolin v. Isbell, 207 F.3d 1253, 1257 (11th Cir. 2000) (stating that “the application of de minimis force, without more, will not support a claim for excessive force in violation of the Fourth Amendment”). Although we have not addressed the amount of property damage required to constitute a “seizure” of that property under the Fourth Amendment, we are convinced — based on our decisions in these other contexts — that a de minimis amount of damage does not rise to the level of a Fourth Amendment violation.