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HUNSBERGER v. WOOD

No. 08-1782.

570 F.3d 546 (2009)

Mark J. HUNSBERGER; Cheryl A. Hunsberger, Plaintiffs-Appellees, v. J.A. WOOD, Deputy Sheriff, Botetourt County Sheriff's Office, Defendant-Appellant, and William W. Blessard; John Doe, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: June 29, 2009.

Attorney(s) appearing for the Case

ARGUED: Elizabeth Kay Dillon, Guynn, Memmer & Dillon, PC, Salem, Virginia, for Appellant. Melvin Edward Williams, Grimes & Williams, PC, Roanoke, Virginia, for Appellees. ON BRIEF: Terry N. Grimes, Grimes & Williams, PC, Roanoke, Virginia, for Appellees.

Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge TRAXLER and Senior Judge BEAM joined.

OPINION

WILKINSON, Circuit Judge:

Sergeant J.A. Wood appeals the district court's denial of qualified immunity in this civil suit arising out of Wood's warrantless entry into the plaintiffs' home. Because the objective circumstances confronted by defendant on the night in question suggested that plaintiffs' home was being vandalized and that a missing teenage girl was in the house and in need of assistance, the search was reasonable under the Fourth Amendment...

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