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CARMAN v. CARROLL

No. 13-2371.

749 F.3d 192 (2014)

Andrew CARMAN and Karen Carman, Appellants v. Jeremy CARROLL.

United States Court of Appeals, Third Circuit.

Opinion Filed: May 15, 2014.

Attorney(s) appearing for the Case

Barry H. Dyller, Esq. [argued], Kelly A. Bray, Esq. , Wilkes-Barre, PA, for Appellants, Andrew Carman and Karen Carman.

Kathleen G. Kane , Sean A. Kirkpatrick [argued], John G. Knorr, III , Office of Attorney General, Appellate Litigation Section, Harrisburg, PA, for Appellee, Jeremy Carroll.

Before: McKEE, Chief Judge, FUENTES, Circuit Judge, and SCHILLER, District Judge.

OPINION OF THE COURT

FUENTES, Circuit Judge:

Responding to a police dispatch, Pennsylvania State Trooper Jeremy Carroll and another trooper proceeded to the home of Andrew and Karen Carman to search for a man who had stolen two loaded handguns and a car with New Jersey plates. Upon arriving at the Carmans' residence, the troopers bypassed the front door and went directly to the back of the house and onto a deck adjoining the kitchen. On the deck, a scuffle...

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