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MONTANEZ v. CARVAJAL

No. 16-17639.

889 F.3d 1202 (2018)

Michael MONTANEZ, Plaintiff-Appellee, v. Jorge CARVAJAL, Todd Raible, et. al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 9, 2018.

Attorney(s) appearing for the Case

Carlus Haynes , Bradley Laurent , Haynes & Laurent, ORLANDO, FL, for Plaintiff-Appellee.

William Kevin Bledsoe , James Lawrence Smith , Nancye R. Jones , Volusia County Attorney's Office, DELAND, FL, James W. Smith , Smith & Schoder, LLP, DAYTONA BEACH, FL, for Defendants-Appellants Kyle Bainbridge, badge no. 7391, in his individual capacity, Jorge Carvajal, badge No. 1563, in his individual capacity, Edward Hart, badge no. 1677, in his individual capacity, Brian Henderson, badge no. 2497, in his individual capacity, Todd Raible, badge no. 7046, in his individual capacity, Julio Rodriguez, badge no. 7757, in his individual capacity.

Before ED CARNES, Chief Judge, NEWSOM, and SILER, Circuit Judges.

Police officers interrupt what they reasonably believe to be a residential burglary and detain two suspects just outside the house. Having done so, can the officers thereafter lawfully enter the home — without a warrant, and without further suspicion of wrongdoing — to briefly search for additional perpetrators...

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