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Whittier v. Kobayashi

581 F.3d 1304 (2009)

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Whittier v. Kobayashi

United States Court of Appeals for the Eleventh Circuit

581 F.3d 1304 (2009)

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)

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