Supreme Court won't appeal warrantless entry charges
Two Calif. officers wanted the courts to throw out a suit that claims they illegally entered a man's house
WASHINGTON — The Supreme Court won't hear an appeal from two police officers who wanted the courts to throw out a lawsuit that accused them of illegally entering a man's house without a warrant following a hit-and-run accident.
The high court on Monday refused to hear an appeal from San Carlos, Calif., police officers Armand Bonvicino and David Buelow.
They want the court to throw out the lawsuit filed by Bruce Hopkins accusing them of excessive force, and arresting him and entering his house without a warrant.
A woman had accused Hopkins of drunk driving and leaving the scene of an accident.
The lower courts said the officers did not have immunity against Hopkins' lawsuit. The 9th U.S. Circuit Court of Appeals said the officers did not have evidence that Hopkins was ill or had done anything illegal when they entered his home without a warrant. The appeals court also says the officers can be sued for pointing their guns at a noncombative Hopkins.
The case is Bonvicino and Buelow v. Hopkins, 09-681.