Murdock v. Stout

54 F.3d 1437 Clyde MURDOCK; Linda Murdock; Jeffrey Murdock, Plaintiffs-Appellants, v. Ed STOUT; City of Fontana; Jacobson, Police Officer # 193; Walby, Police Officer # 222; and Robins, Police Officer # 307, Defendants-Appellees. Nos. 93-56248, 93-56643. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 8, 1995. Decided April 26, 1995. Stephen Yagman, Yagman & Yagman, Venice, CA, for plaintiffs-appellants. David D. Lawrence and Carol D. Janssen, Franscell, Strickland, Roberts & Lawrence, Pasadena, CA, for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before: BEEZER and NOONAN, Circuit Judges, and EZRA, District Judge. * Opinion by Judge BEEZER; dissent by Judge NOONAN. BEEZER, Circuit Judge: 1 We consider whether exigent circumstances justified the warrantless entry and search of a house along with the brief seizure of an occupant by police officers investigating a suspected burglary. 2 Clyde Murdock, Linda Murdock, and Jeffrey Murdock (collectively "Murdock") appeal the district court's grant of summary judgment in favor of Ed Stout, the City of Fontana, California, and Fontana Police…