Bailey v. Swindell, No. 18-13572 (11th Cir. 2019)
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The Eleventh Circuit reversed the district court's judgment in defendant's favor in an action brought by plaintiff, alleging that defendant violated the Fourth Amendment by arresting plaintiff inside the home of plaintiff's parents. Defendant, a sheriff's deputy, went to the home to question plaintiff about an earlier incident. When plaintiff declined to talk to defendant alone, an argument ensued, and plaintiff went back inside the home, where defendant then entered and arrested plaintiff.
The court held that defendant violated the Fourth Amendment's protection against unreasonable seizures when he arrested plaintiff inside of his home. The court also held that plaintiff's right to be free from a warrantless, in-home arrest was clearly established and that no exception to the warrant requirement even plausibly applies in this case. Accordingly, the court remanded for further proceedings.
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