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FISHER v. CITY OF SAN JOSE

No. 04-16095.

558 F.3d 1069 (2009)

Steven FISHER, Plaintiff-Appellee, and Sandra Fisher, Plaintiff, v. CITY OF SAN JOSE, Defendant-Appellant, and City of San Jose Police Department; Officer Boler; Officer Barnett; Officer Correa; Officer Esquivel; Officer Honda; Officer Kinsworthy; Officer O'Brien; Officer Ryan; Officer Nguyen, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed March 11, 2009.

Attorney(s) appearing for the Case

Scott Attaway (argued), Deputy City Attorney, San Jose, CA, for the defendants-appellants.

Donald E.J. Kilmer, Jr., San Jose, CA, for plaintiff-appellee.

Before: ALEX KOZINSKI, Chief Judge, HARRY PREGERSON, STEPHEN REINHARDT, DIARMUID F. O'SCANNLAIN, PAMELA ANN RYMER, SIDNEY R. THOMAS, RONALD M. GOULD, RICHARD A. PAEZ, RICHARD C. TALLMAN, JAY S. BYBEE, and N. RANDY SMITH, Circuit Judges.

TALLMAN, Circuit Judge:

We address the Fourth Amendment's exigent circumstances doctrine in the context of armed standoffs. Steven Fisher triggered a standoff with San Jose police after he pointed a rifle at a private security guard who was investigating loud noises in Fisher's apartment complex. When the police arrived at his apartment, a noticeably intoxicated Fisher pointed one of his eighteen rifles at the officers and threatened to shoot them. The ensuing standoff...

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