Croom v. Balkwill
2011 U.S. App. LEXIS 13795
| 11th Cir. | 2011Background
- Croom, 63, Arkansas retiree, visited her son in Sarasota; she wore a swimsuit and was in yard during the search.
- In June 2004, confidential informant linked ketamine to the Premises; a package from Bulgaria contained ketamine was intercepted.
- Detective Bybee obtained an anticipatory warrant conditioned on delivery of the package to an occupant; teams prepared for warrant execution.
- Postal Inspector Crockett delivered the package to Croom at the Premises’ front yard; Croom signed for and moved the package inside.
- Officers detained Croom for up to two hours during the search of the Premises; she alleged medical problems from the detention and seizure.
- District court granted summary judgment for defendants; Croom appeals challenging Fourth Amendment seizures and use of force.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the initial detention lawfully seized under Summers/Mena framework? | Croom argues warrant defects render detention unlawful. | Legitimate Summers detention based on probable cause to search a home; occupancy link justifies detention. | Yes; initial detention constitutional under Summers/Mena. |
| Was the scope and duration of the detention lawful? | Detention extended beyond necessary duration after suspect status ended. | Detention permissible for the duration of a routine warranted search under Summers/Mena. | Yes; detention duration deemed constitutional. |
| Was the use of force during detention excessive? | Any force against an elderly, infirm person in a bathing suit is unreasonable. | Force was de minimis and within permissible scope to secure the scene. | No Fourth Amendment violation; force de minimis. |
Key Cases Cited
- United States v. Summers, 452 U.S. 692 (1981) (detention of occupants during a warrant search; categorical rule under Summers)
- United States v. Mena, 544 U.S. 93 (2005) (detention for duration of warranted search; Summers is categorical)
- Terry v. Ohio, 392 U.S. 1 (1968) (reasonable suspicion and limited detentions; balancing standard)
- Graham v. Connor, 490 U.S. 386 (1989) (objective reasonableness standard for police use of force)