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Federal Court: Traffic Stop Does Not Justify Home Entry

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The Newspaper
Sept 6, 2011

Tenth Circuit US Court of Appeals rules a police officer cannot enter a home over a minor traffic violation.

A police officer has no right to pursue a minor traffic stop into a home, according to a ruling handed down Wednesday by the US Court of Appeals for the Tenth Circuit. A three-judge panel considered what happened after police in Sulphur, Oklahoma saw a suspect allegedly driving with faulty taillights on July 23, 2007.

Murray County Deputy Sheriff Craig A. Billings signaled seventeen-year-old Joshua Burchett, who was driving the car, to pull over. Burchett continued on for two blocks, parked in the driveway of his parents’ three-bedroom home, ran inside and hid in the bathroom. Billings called for backup and Sulphur Police Officers Steve Watkins and Tony Simpson arrived at the scene.

Billings began kicking the door, which woke the parents, Jose and Christina Mascorro. Jose Mascorro opened the door and Billings pointed a gun at his head, yelling, “On your knees [expletive]. Where is he? Where is he?” When Christina Mascorro asked whether Billings had a warrant, she was blasted in the mouth with pepper spray. Billings then sprayed the other residents, including Mascorro’s 14-year-old son. Christina Mascorro retreated to a back bedroom and called 911. Officer Watkins pulled her outside while Deputy Billings kicked in the door to the bathroom, gun drawn, to retrieve Burchett.

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This article was posted: Tuesday, September 6, 2011 at 3:32 am





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