On September 9, 2022, the United States Court of Appeals for the Fifth Circuit handed down its decision in Alcantara v. Jasso. In doing so, the Fifth Circuit addressed a claim for unlawful entry and search of a home.

The facts of Alcantara.

El Paso police officers Jose Rivas and Ricardo Villagran arrived at plaintiff Alcantara’s home after receiving a call that a “riot” was in progress at the residence.

Upon arrival, it became “very obvious” that there was no riot. Instead, E.R., Alcantara’s minor daughter, was in the backyard with seven of her friends celebrating Thanksgiving.

Nevertheless, Rivas and Villagran confronted the teens as three additional El Paso police officers, including El Paso police sergeant Marco Jasso, arrived at the scene.

Eventually, Rivas got into a scuffle with E.R., which resulted in E.R. allegedly sustaining injuries and being handcuffed.

A female officer searched E.R. and found a house key inside her bra. Jasso and Villagran later used the house key to unlock and enter Alcantara’s home.

Alcantara, who was bathing her two younger daughters, heard the officers’ voices and exited the bathroom to find the two men standing inside her home. She demanded they leave, and about five minutes later, the officers stepped outside.

A lawsuit is filed.

E.R. and Alcantara sued under 42 U.S.C. § 1983, alleging violations of their Fourth Amendment rights.

Specifically, E.R. alleged an excessive force claim, unlawful search and seizure claims, and an unlawful arrest claim.

In addition, Alcantara alleged an unlawful entry and search claim against Jasso and Villagran, contending that they did not have permission or a warrant to justify their intrusion into her home.

Despite the numerous claims, the only one raised before the Fifth Circuit was whether Jasso and Villagran were entitled to summary judgment on Alcantara’s unlawful entry and search claim. So, that is the only one discussed in this blog post.

The district court denies Jasso and Villagran summary judgment.

Jasso and Villagran took the position that “exigent circumstances” justified them entering Alcantara’s home.

Exigent circumstances will, in some cases, permit an entry and search without a warrant. Those circumstances include those in which officers reasonably fear for their safety, where firearms are present, or where there is a risk of a criminal suspect's escaping or fear of destruction of evidence.

The district court disagreed, hold that there were genuine disputes of material fact as to whether exigent circumstances existed. That fact would have to be resolved by a jury.

The Fifth Circuit affirms the district court.

The Court agreed with the district court that a jury would need to resolve Alcantara’s unlawful entry and search claim.

S. Craig Panter

Panter Law Firm, PLLC

601-607-3156

www.craigpanterlaw.com