Frunz

Frunz v. City of Tacoma

Good Law
468 F.3d 1141·2006 WL 3313989
United States Court of Appeals for the Ninth CircuitNovember 13, 200605-35302California3,170 words

Opinion

Opinion

Kozinski, J.

The facts are remarkable. Plaintiff, Susan Frunz, and her two guests were in Frunz’s home in Tacoma, Washington, when police surrounded the house, broke down the back door and entered. The police had no warrant and had not announced their presence. Frunz first became aware of them when an officer accosted her in the kitchen and pointed his gun, bringing the barrel within two inches of her forehead. The police ordered or slammed the occupants to the floor and cuffed their hands behind their backs— Frunz for about an hour, until she proved to their satisfaction that she owned the house, at which time they said “never mind” and left.

As the officers doubtless knew, physical entry into the home is the “chief evil against which the wording of the Fourth Amendment is directed.” United States v. United States District Court, 407 U.S. 297, 313 , 92 S.Ct. 2125 , 32 L.Ed.2d 752 (1972); see also Murdock v. Stout, 54 F.3d 1437, 1440 (9th Cir.1995) (“[Pjrotection of individuals from unreasonable government intrusion into their houses remains at the very core of the Fourth Amendment.”). To safeguard the home, we normally require a warrant before the police may enter. “The right of privacy was…

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