Coffin v. Brandau, No. 08-14538.
| Court | United States Courts of Appeals. United States Court of Appeals (11th Circuit) |
| Citation | 614 F.3d 1240 |
| Docket Number | No. 08-14538. |
| Parties | John COFFIN, Cynthia Coffin, Plaintiffs-Appellants, v. Stacy BRANDAU, individually, f.k.a. Stacy Ferris, James Lutz, individually, Defendants-Appellees. |
| Decision Date | 17 August 2010 |
614 F.3d 1240
John COFFIN, Cynthia Coffin, Plaintiffs-Appellants,
v.
Stacy BRANDAU, individually, f.k.a. Stacy Ferris, James Lutz, individually, Defendants-Appellees.
No. 08-14538.
United States Court of Appeals,Eleventh Circuit.
Aug. 17, 2010.
Yardley Drake Buckman, II, Amiee Ruth Buckman, Buckman & Buckman, P.A., Sarasota, FL, for Plaintiffs-Appellants.
Richard R. Garland, Dickinson & Gibbons, P.A., Nevin Alan Weiner, Nevin & Weiner, P.A., Sarasota, FL, for Defendants-Appellees.
On Appeal from the United States District Court for the Middle District of Florida (No. 07-00835-CV-T-26-TBM); Richard A. Lazzara, Judge.
(Opinion June 22, 2010, 609 F.3d 1204, 11th Cir.2010).
Before DUBINA, Chief Judge, and TJOFLAT, EDMONDSON, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON, PRYOR and MARTIN, Circuit Judges * .
BY THE COURT:
A member of this Court in active service having requested a poll on whether this case should be reheard by the Court sitting en banc, and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.
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Notes:
* Senior United States Circuit Judge R. Lanier Anderson has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).
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Coffin v. Brandau, No. 08–14538.
...were clearly established when this incident occurred, such that the Deputies should be stripped of qualified immunity. Coffin v. Brandau, 614 F.3d 1240 (11th Cir.2010). We hold that although the Deputies' entrance into the garage did violate the Coffins' Fourth Amendment rights, the boundar......
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State v. Davis, No. 2010AP2191–CR.
...is part of the home itself, thus no need to consider Dunn curtilage factors; citing cases), rehearing en banc granted, opinion vacated, 614 F.3d 1240 (Aug.2010). ¶ 13 While the parties agree the attached garage was curtilage, they propose different standards for determining whether Zahn's e......
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USA v. Newman, No. 09-14557.
...duration separately. See, e.g., United States v. Acosta, 363 F.3d 1141, 1146 (11th Cir.2004) (explaining that to distinguish between a 614 F.3d 1240 Terry stop and an arrest, we consider “ ‘the law enforcement purposes served by the detention, the diligence with which the police pursue the ......
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Coffin v. Brandau, No. 08–14538.
...were clearly established when this incident occurred, such that the Deputies should be stripped of qualified immunity. Coffin v. Brandau, 614 F.3d 1240 (11th Cir.2010). We hold that although the Deputies' entrance into the garage did violate the Coffins' Fourth Amendment rights, the boundar......
-
State v. Davis, No. 2010AP2191–CR.
...is part of the home itself, thus no need to consider Dunn curtilage factors; citing cases), rehearing en banc granted, opinion vacated, 614 F.3d 1240 (Aug.2010). ¶ 13 While the parties agree the attached garage was curtilage, they propose different standards for determining whether Zahn's e......
-
USA v. Newman, No. 09-14557.
...duration separately. See, e.g., United States v. Acosta, 363 F.3d 1141, 1146 (11th Cir.2004) (explaining that to distinguish between a 614 F.3d 1240 Terry stop and an arrest, we consider “ ‘the law enforcement purposes served by the detention, the diligence with which the police pursue the ......