Tuesday, June 30, 2009
Appeals court: Deputy's action was justified
A couple filed suit after a deputy entered their Botetourt County home without a warrant in 2007.
Related
Previous coverage
A sheriff's deputy was justified when he barged into a home in the middle of the night without a search warrant, ending up in the bedroom of a 10-year-old girl who reportedly awoke in terror, a federal appeals court ruled Monday.
The decision by the 4th U.S. Circuit Court of Appeals likely puts an end to a $10 million lawsuit filed by the girl's parents against Sgt. J.A. Wood of the Botetourt County Sheriff's Office.
"I'm very pleased with the opinion, and I'm pleased for Sergeant Wood, because I know in his heart he believed he was doing the right thing that night," said his attorney, Elizabeth Dillon.
On the night of Feb. 2, 2007, Wood was called to the home of Mark and Cheryl Hunsberger after a neighbor reported suspicious activity.
What Wood didn't know at the time was that the Hunsbergers and their 10-year-old daughter were asleep upstairs while a group of teenagers, including their two sons, were throwing a beer bash in the basement.
Wood, accompanied by a man concerned about the whereabouts of his 16-year-old daughter, entered the house through an unlocked door and made his way upstairs.
In their lawsuit, the Hunsbergers said they were jolted from sleep by the screams of their daughter, who awoke to find Wood shining a flashlight in her face while the second man attempted to pull the covers away from her.
The case boiled down to this: Did Wood run roughshod over the Hunsbergers' constitutional rights by invading their home for nothing more than a case of underage drinking? Or did other circumstances -- including questions about the well-being of the teenage girl -- create a possible emergency that rendered his actions appropriate?
Last year, U.S. District Court Judge Samuel Wilson ruled against Wood, denying his motion to dismiss the lawsuit.
But in a unanimous decision Monday, a three-judge panel of the appeals court reversed Wilson's decision. "Under these circumstances, a reasonable officer could conclude that prompt entry was necessary in order to protect the Hunsberger home from potential damage and to locate a missing girl who might be in harm's way," the court wrote in its opinion.
Terry Grimes, a Roanoke attorney who represents the Hunsbergers, said he plans to ask the full Court of Appeals to reconsider the panel's decision. Although the full court is more likely to review split decisions by panels, Grimes said he believes the case could go as far as the U.S. Supreme Court.
"It's a frightening case for homeowners, it seems to me," Grimes said.
Generally speaking, police are required to obtain a search warrant before entering a home without permission. But there are some exceptions.
Wood had claimed his entry through an unlocked door was proper under either of two legal theories: a "community caretaker" doctrine that allows police to enter a home to check someone's well-being, or a situation in which "exigent circumstances" pose a potential threat to the officer or the public.
The appeals court accepted the second argument -- while acknowledging the "fear and surprise the plaintiffs no doubt experienced from an unwanted intrusion into their home."
"While it is tempting to second-guess an officer's actions," the opinion continued, "it is also true that real harm to persons and property could result if police tried to act with the calm deliberation associated with the judicial process."
The court sent the case back to Wilson, who is expected to dismiss the lawsuit against Wood.
Also named in the suit was William Blessard, who showed up at the Hunsberger home after his 16-year-old stepdaughter's car was spotted in the driveway.
Blessard, who was "worried sick" about the girl's whereabouts, ended up following Wood inside, according to court records.
Blessard's attorney, Phillip Anderson, said he hopes the case against his client will also be dismissed, considering that the officer's actions were found to be proper by the appeals court.
Monday's ruling is consistent with a decision by Botetourt County Commonwealth's Attorney Joel Branscom, who called for a state police investigation after the lawsuit was filed.
In deciding not to file charges, Branscom noted that the deputy had noticed movement around the house, lights being turned on and off and other suspicious activity before he rang the doorbell repeatedly, only to get no answer.
"The officer at the scene didn't have a choice" but to go inside, Branscom said Monday. While Wood has been criticized for overreacting, the prosecutor said, public outcry would have been even greater if he had walked away from a situation in which someone was later injured or killed.
"You're damned if you do and damned if you don't," Branscom said.





