Whittier v. Kobayashi

581 F.3d 1304 (2009)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

Whittier v. Kobayashi

United States Court of Appeals for the Eleventh Circuit
581 F.3d 1304 (2009)

  • Written by Arlyn Katen, JD

Facts

Police obtained a warrant to conduct a raid of Marlene Whittier’s (plaintiff) home, based on evidence of her son, Anthony Diotaiuto’s drug activity. Officer Kobayashi (defendant) led a Special Weapons and Tactics (SWAT) team in the execution of the warrant because Diotaiuto was known to carry a handgun and store a shotgun in his bedroom closet. The parties disputed whether police knocked and announced their presence before Kobayashi and the SWAT team broke down Whittier’s door. The search culminated in a shootout between police and Diotaiuto, and police killed Diotaiuto. Whittier sued several members of the SWAT team (defendants), alleging that Kobayashi violated her son’s Fourth Amendment rights by entering her home without first knocking and announcing the SWAT team’s presence. Kobayashi moved for summary judgment, raising a qualified-immunity defense and arguing that the knock and announce had occurred. The district court denied Kobayashi’s motion for summary judgment regarding the knock-and-announce claim, and Kobayashi appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership