On July 23, 2007 Joshua Burchett, then 17, was driving without taillights when officer Billings attempted to pull Burchett over. Mascorro v. Billings, 2011 WL 3836439, No. 10-7055, at *1 (10th Cir. Aug. 31, 2011). Burchett resisted arrest when he drove two more blocks, ran into his parents’ home, and hid in the bathroom. Id. According to Burchett’s parents, Officer Billings pounded on their door demanding to come inside, pointed a gun at Jose Mascorro (Burchett’s step-father) when he opened the door, and sprayed the parents and 14 year-old son with mace as the officer broke into the home. Id. The Mascorro’s home was torn apart by Billings and fellow officers. Id. at *2.
On appeal, the 10th circuit refused to hear the officers plea for qualified immunity because their story of that night’s events were much different than the Mascorros’. Id. Furthermore, the court held that the Mascorros were protected under the Fourth Amendment against the forceful entry into their home by the officers. Id. at* 5. The court reasoned that the officers were not entitled qualified immunity because the circumstances involving the arrest did not amount to exigent circumstances. Id. “[T]he pursuit of a misdemeanant” unlike the “hot pursuit of a felon” is not sufficient for forceful entry into a person’s home. Id. at *6.
If you believe, that like the Mascorro’s, your Fourth Amendment rights have been violated during an arrest, contact Lindsey and Dionne at www.ericksonscherff.com for counsel and an assessment of your claims.
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