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HUPP v. COOK

No. 18-1845.

931 F.3d 307 (2019)

Tiffanie HUPP; R.H., a minor, by and through his next friend, Tiffanie Hupp; Clifford Myers, Plaintiffs - Appellants, v. State Trooper Seth COOK; Colonel C.R. Jay Smithers, Defendants-Appellees, and West Virginia State Police, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: July 25, 2019.

Attorney(s) appearing for the Case

ARGUED: John Eric Campbell , CAMPBELL LAW, Denver, Colorado; Justin F. Marceau , UNIVERSITY OF DENVER, Denver, Colorado, for Appellants. Michael Deering Mullins , STEPTOE & JOHNSON PLLC, Charleston, West Virginia, for Appellees. ON BRIEF: Alene Anello , ALDF, Cotati, California, for Appellants. Robert L. Bailey , STEPTOE & JOHNSON PLLC, Charleston, West Virginia, for Appellees.

Affirmed in part, reversed in part, and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Judge King joined.

Appellant Tiffanie Hupp was arrested for obstruction when she attempted to stop a state trooper from shooting her family's dog. After her husband video-recorded the incident, the state trooper entered the family's home, without consent and without a warrant, and seized several of the...

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