Brooks v. City of Fresno
Plaintiffs Michael Brooks (Brooks) and Kimmie Brown were inside an apartment, along with their children Michael Brooks, Jr., Mikayla Brooks, Javanta Evans, Mister Brooks, Markesa Evans, Jerry Whitehead, Terry Whitehead, and Alphonso Davis (collectively plaintiffs). Brown rented the apartment and lived there with her children. Brooks and his children were spending the night at the apartment, with Browns consent.
Plaintiffs contend the trial court erred in instructing the jury that if it concluded exigent circumstances existed at the time of the entry into the apartment, then the officers conduct was lawful. Plaintiffs argue that the instruction was erroneous because, as a matter of law, there were no exigent circumstances present when the officers forcibly entered the apartment. Court agree.
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