{"id":48339,"date":"2021-05-07T07:32:15","date_gmt":"2021-05-07T12:32:15","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=48339"},"modified":"2021-05-07T07:41:11","modified_gmt":"2021-05-07T12:41:11","slug":"ca11-24-officers-raiding-wrong-house-subject-to-qi","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=48339","title":{"rendered":"CA11: 24 officers raiding wrong house subject to QI"},"content":{"rendered":"\n

24 officers raiding the wrong house [somehow] are entitled to qualified immunity. Norris v. Hicks<\/a>, 2021 U.S. App. LEXIS 13272 (11th Cir. May 5, 2021):<\/p>\n\n\n\n\n\n\n\n

Simply put, this case was not a situation envisioned by Garrison where Capt. Cody failed to engage “in reasonable efforts to avoid error” or a situation like in Hartsfield where the officer did “nothing” to avoid the mistake. Rather, Capt. Cody and the other officers involved carefully planned a high-risk raid at what was thought to be a dangerous target house but made a mistake when faced with an unexpected circumstance-the residence not matching the description given. The team was especially limited in their ability to respond to this unexpected circumstance because they had “announced” their presence with flash grenades, it was unsafe to communicate via radio, and they were forced to make a split second decision. Our precedent allows some latitude for such “honest mistakes \u2026 made by officers in the dangerous and difficult process of making arrests and executing search warrants.” Hartsfield, 50 F.3d at 955 (quoting Garrison, 480 U.S. at 87). While the mistaken raid of Norris’s home was no doubt traumatic, given the significant factual differences between Capt. Cody’s actions in the raid and our prior precedent, we agree with the district court that Norris failed to meet his burden to show that Capt. Cody violated clearly established law.<\/p><\/blockquote>\n\n\n\n

I don\u2019t get how raiding the wrong house is a \u201csplit second decision.\u201d This was obviously not a split second decision. Maybe that’s why this is unpublished.<\/p>\n","protected":false},"excerpt":{"rendered":"

24 officers raiding the wrong house [somehow] are entitled to qualified immunity. Norris v. Hicks, 2021 U.S. App. LEXIS 13272 (11th Cir. May 5, 2021):<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[40,16],"tags":[],"class_list":["post-48339","post","type-post","status-publish","format-standard","hentry","category-qualified-immunity","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48339","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=48339"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48339\/revisions"}],"predecessor-version":[{"id":48341,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48339\/revisions\/48341"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48339"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48339"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48339"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}