Carroll v. Carman
Carroll v. Carman
Opinion
On July 3, 2009, the Pennsylvania State Police Department received a report that a man named Michael Zita had stolen a car and two loaded handguns. The report also said that Zita might have fled to the home of Andrew and Karen Carman. The department sent Officers Jeremy Carroll and
*349
Brian Roberts to the Carmans' home to investigate. Neither officer had been to the home before.
The officers arrived in separate patrol cars around 2:30 p.m. The Carmans' house sat on a corner lot-the front of the house faced a main street while the left (as viewed from the front) faced a side street. The officers initially drove to the front of the house, but after discovering that parking was not available there, turned right onto the side street. As they did so, they saw several cars parked side-by-side in a gravel parking area on the left side of the Carmans' property. The officers parked in the "first available spot," at "the far rear of the property." Ibid. (quoting Tr. 70 (Apr. 8, 2013)).
The officers exited their patrol cars. As they looked toward the house, the officers saw a small structure (either a carport or a shed) with its door open and a light on.
Id.,
at 71. Thinking someone might be inside, Officer Carroll walked over, "poked [his] head" in, and said "Pennsylvania State Police."
As the officers stepped onto the deck, a man came out of the house and "belligerent[ly] and aggressively approached" them.
At that point, a woman came out of the house and asked what was happening. The officers again explained that they were looking for Zita. The woman then identified herself as Karen Carman, identified the man as her husband, Andrew Carman, and told the officers that Zita was not there. In response, the officers asked for permission to search the house for Zita. Karen Carman consented, and everyone went inside.
The officers searched the house, but did not find Zita. They then left. The Carmans were not charged with any crimes. Ibid.
The Carmans later sued Officer Carroll in Federal District Court under
At trial, Carroll argued that his entry was lawful under the "knock and talk" exception to the warrant requirement. That exception, he contended, allows officers to knock on someone's door, so long as they stay "on those portions of [the] property that the general public is allowed to go on." Tr. 7 (Apr. 8, 2013). The Carmans responded that a normal visitor would have gone to their front door, rather than into their backyard or onto their deck. Thus, they argued, the "knock and talk" exception did not apply.
At the close of Carroll's case in chief, the parties each moved for judgment as a matter of law. The District Court denied both motions, and sent the case to a jury.
*350 As relevant here, the District Court instructed the jury that the "knock and talk" exception "allows officers without a warrant to knock on a resident's door or otherwise approach the residence seeking to speak to the inhabitants, just as any private citizen might." Id., at 24 (Apr. 10, 2013). The District Court further explained that "officers should restrict their movements to walkways, driveways, porches and places where visitors could be expected to go." Ibid. The jury then returned a verdict for Carroll.
The Carmans appealed, and the Court of Appeals for the Third Circuit reversed in relevant part. The court held that Officer Carroll violated the Fourth Amendment as a matter of law because the "knock and talk" exception "requires that police officers begin their encounter at the front door, where they have an implied invitation to go."
Carroll petitioned for certiorari. We grant the petition and reverse the Third Circuit's determination that Carroll was not entitled to qualified immunity.
A government official sued under § 1983is entitled to qualified immunity unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct. See
Ashcroft v. al-Kidd,
563 U.S. ----, ----,
Here the Third Circuit cited only a single case to support its decision that Carroll was not entitled to qualified immunity-
Estate of Smith v. Marasco,
In
Marasco,
two police officers went to Robert Smith's house and knocked on the front door. When Smith did not respond, the officers went into the backyard, and at least one entered the garage.
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In concluding that Officer Carroll violated clearly established law in this case, the Third Circuit relied exclusively on
Marasco
's statement that "entry into the curtilage after not receiving an answer at the front door might be reasonable."
Id., at 520; see
Moreover, Marasco expressly stated that "there [was] no indication of whether the officers followed a path or other apparently open route that would be suggestive of reasonableness." Ibid. That makes Marasco wholly different from this case, where the jury necessarily decided that Carroll "restrict[ed] [his] movements to walkways, driveways, porches and places where visitors could be expected to go." Tr. 24 (Apr. 10, 2013).
To the extent that
Marasco
says anything about this case, it arguably supports Carroll's view. In
Marasco,
the Third Circuit noted that "[o]fficers are allowed to knock on a residence's door or otherwise approach the residence seeking to speak to the inhabitants just as any private citizen may."
The Third Circuit's decision is even more perplexing in comparison to the decisions of other federal and state courts, which have rejected the rule the Third Circuit adopted here. For example, in
United States v. Titemore,
*352 Thus, "[b]ecause [the officer] approached a principal entrance to the home using a route that other visitors could be expected to take," the court held that he did not violate the Fourth Amendment. Id., at 252.
The Seventh Circuit's decision in
United States v. James,
We do not decide today whether those cases were correctly decided or whether a police officer may conduct a "knock and talk" at any entrance that is open to visitors rather than only the front door. "But whether or not the constitutional rule applied by the court below was correct, it was not 'beyond debate.' "
Stanton v. Sims,
571 U.S. ----, ----,
The petition for certiorari is granted. The judgment of the United States Court of Appeals for the Third Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered .
In a footnote, the Court of Appeals "recognize[d] that there may be some instances in which the front door is not
the
entrance used by visitors," but noted that "this is not one such instance."
Reference
- Full Case Name
- Jeremy CARROLL v. Andrew CARMAN, Et Ux.
- Cited By
- 145 cases
- Status
- Published