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It did so even if federal and state courts nationwide are sharply divided on the query whether an officer with possible cause to arrest a suspect for a misdemeanor might enter a home with no warrant whereas in hot pursuit of that suspect. 93-101, 118, 119. Accompanying illustrations may be omitted. E.g., Grenier v. Champlin, 27 F. 3d 1346, 1354 (CA8 1994) (“Putting firmly to one facet the merits of whether or not the house arrests had been constitutional, we can not say that only a plainly incompetent policeman could have thought them permissible on the time,” where officers entered a home without a warrant in hot pursuit of misdemeanor suspects who had defied the officers’ order to stay outdoors (inner citation marks and citation omitted)). Rptr. 394, 396 (1990), the California Court of Appeal refused to restrict the recent pursuit exception to felony suspects. Sims filed suit against Stanton in Federal District Court below Rev. Stat. To summarize the legislation on the time Stanton made his cut up-second resolution to enter Sims’ yard: Two opinions of this Court were equivocal on the lawfulness of his entry; two opinions of the State Court of Appeal affirmatively authorized that entry; the most relevant opinion of the Ninth Circuit was readily distinguishable; two Federal District Courts within the Ninth Circuit had granted qualified immunity in the wake of that opinion; and the federal and state courts of last resort across the Nation have been sharply divided.
Id., at 963-964. The court accordingly held that Stanton was not entitled to certified immunity. Id., at 959-963. The court additionally found the law to be clearly established that Stanton’s pursuit of Patrick did not justify his warrantless entry, provided that Patrick was suspected of only a misdemeanor. Sims appealed, and a panel of the Court of Appeals for the Ninth Circuit reversed. Third, even in the portion of Welsh cited by the Ninth Circuit under, our opinion is equivocal: We held not that warrantless entry to arrest a misdemeanant is rarely justified, but solely that such entry should be rare. Finally, our determination that Welsh and Johnson are inadequate to beat Stanton’s certified immunity is bolstered by the fact that, even after Johnson, two different District Courts in the Ninth Circuit have granted qualified immunity precisely because the regulation concerning warrantless entry in sizzling pursuit of a fleeing misdemeanant will not be clearly established.
Other courts have concluded that police officers are at the least entitled to qualified immunity in these circumstances as a result of the constitutional violation shouldn’t be clearly established. §1979, 42 U. S. C. §1983, alleging that Stanton unreasonably searched her house and not using a warrant in violation of the Fourth Amendment. The District Court granted abstract judgment to Stanton, discovering that: (1) Stanton’s entry was justified by the doubtlessly dangerous scenario, by the need to pursue Patrick as he fled, and by Sims’ lesser expectation of privacy in the curtilage of her house; and (2) even when a constitutional violation had occurred, Stanton was entitled to qualified immunity because no clearly established law put him on notice that his conduct was unconstitutional. Ibid. Unfortunately, and unbeknownst to Stanton, Sims herself was standing behind the gate when it flew open. When the gate closed behind Patrick, the fence-which was greater than six feet tall and made of wood-blocked Stanton’s view of the yard.
