The Case of the Show and Tell Entries

Montanez v. Carvajal, 11th Cir. May 2018  –  Bruce’s Brownbag Wednesday Webinar 2018-14

This case is about a detention that leads to an arrest outside of a dwelling in Deland, Florida.  During the detention/arrest, law enforcement officers enter and leave a dwelling six times before obtaining a warrant for the seventh entry.  The Eleventh Circuit ruled that the first two entries were lawful due to “exigent circumstances” created by the reasonable belief a home burglary was taking place. They further rules that the subsequent four warrantless entries were not searches under the Katz-Privacy test because there was “no surviving privacy” once the officers lawfully went in the first two times.

What did the court say about the Jones-Trespass test? …  NOTHING!

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