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BETTON v. BELUE

No. 18-1974.

942 F.3d 184 (2019)

Julian Ray BETTON, Plaintiff-Appellee, v. David BELUE, in his individual capacity, Defendant-Appellant, and Bill Knowles, in his individual capacity and official capacity as Commander of the 15th Circuit Drug Enforcement Unit Task Force; Jimmy Richardson, II, in his individual capacity and official capacity as 15th Circuit Solicitor; Dean Bishop, in his individual capacity; Chad Guess, in his individual capacity; Frank Waddell, in his individual capacity; Chris Dennis, in his individual capacity; The City of Myrtle Beach, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: November 5, 2019.

Attorney(s) appearing for the Case

ARGUED: Michael Warner Battle , BATTLE LAW FIRM, LLC, Conway, South Carolina; Sandra J. Senn , SENN LEGAL, LLC, Charleston, South Carolina, for Appellant. Narendra K. Ghosh , PATTERSON HARKAVY, LLP, Chapel Hill, North Carolina, for Appellee. ON BRIEF: James Richard Battle, II , BATTLE LAW FIRM, LLC, Conway, South Carolina, for Appellant. Burton Craige , Bradley J. Bannon , Paul E. Smith , PATTERSON HARKAVY LLP, Chapel Hill, North Carolina; Jonny McCoy , LAW OFFICE OF JONNY McCOY, Myrtle Beach, South Carolina, for Appellee.

Affirmed by published opinion. Judge Keenan wrote the opinion, in which Judge King and Judge Goodwin joined.

In the afternoon of April 16, 2015, a team of plain-clothed law enforcement officers armed with "assault style rifles" used a battering ram to enter Julian Ray Betton's dwelling to execute a warrant authorizing a search for marijuana and other illegal substances. The officers did not identify themselves as ...

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