Jaramillo

Jaramillo v. Curry

Good Law
35 F. App'x 588
United States Court of Appeals for the Ninth CircuitMay 23, 2002No. 01-15660; D.C. No. CV-99-06782-REC(SMS)California631 words

Opinion

Lead Opinion

MEMORANDUM **

On March 1, 1999, Hanford Police Sergeant Russell Curry (“Curry”) was called to the Hanford Mall regarding a suspicious vehicle. When Curry stopped the vehicle, the driver, Louie Jaramillo, stated he had no license. When asked to step out of the vehicle, Louie sped away. Curry engaged in a high speed pursuit of Louie, ending at the Jaramillo residence. Curry observed Louie exit his vehicle and run to the front door but, upon reaching the front door himself, found it locked. Despite Curry’s repeated demands for entry and attempts to kick the door down, Nora Jaramillo, who was standing just inside the locked *589 door, refused to unlock it. By the time Curry gained entrance to the residence, Louie had escaped through the back yard. The parties in this matter stipulate to the existence of both exigent circumstances in the form of hot pursuit and probable cause to believe Louie had entered the residence.

Nora and Dora Jaramillo were arrested under California Penal Code § 148(a) for willfully obstructing a law enforcement officer in the discharge of his duties. The Jaramillos bring this action under 42 U.S.C. § 1983 alleging a violation of their Fourth Amendment rights…

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