District of Columbia v. Wesby
138 S. Ct. 577
| SCOTUS | 2018Background
- Police responded to a late-night complaint about loud music and illegal activity at a house neighbors said had been vacant for months.
- Officers entered after someone opened the door and found ~21 people, a near‑empty house (few chairs, one mattress), evidence of drug/alcohol use, a makeshift strip‑club, sexual activity, used condoms, and generally filthy conditions.
- Many partygoers scattered or hid when officers arrived; interviews produced vague, inconsistent stories (claimed a "Peaches" invited them; no one could identify a bachelor or provide details).
- Officers spoke to "Peaches" by phone; she was evasive, initially claimed she had permission but later admitted she did not; the owner confirmed no permission had been given.
- Officers arrested the attendees for unlawful entry; charges were later dropped. Plaintiffs sued under 42 U.S.C. § 1983 and D.C. law for false arrest. District Court granted summary judgment to plaintiffs on probable cause and denied qualified immunity to two officers; D.C. Circuit affirmed in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for arrest for unlawful entry — whether officers had reason to believe attendees "knew or should have known" entry was against owner's will | Partygoers: Peaches invited them; officers had no evidence they knew entry was unauthorized, so no probable cause | Officers/D.C.: Totality of circumstances (vacant‑looking house, drug/alcohol, strip‑club activity, scattering/hiding, evasive statements) supported reasonable inference attendees knew entry was unauthorized | Court: Under totality of circumstances, a reasonable officer could infer attendees knew entry was unauthorized; reversed D.C. Circuit and held there was probable cause |
| Qualified immunity — whether unlawfulness of arrests was "clearly established" | Partygoers: D.C. law (bona fide belief defense) clearly established that an uncontradicted invitation negates intent required for unlawful entry, so officers should not be immune | Officers/D.C.: No controlling precedent placing this outcome "beyond debate"; reasonable officers could have (mistakenly) concluded probable cause existed | Court: Officers entitled to qualified immunity — no clearly established law defeating arrests under these circumstances and no on‑point precedent |
Key Cases Cited
- Maryland v. Pringle, 540 U.S. 366 (totality of circumstances test for probable cause)
- Illinois v. Gates, 462 U.S. 213 (probable cause is totality‑of‑circumstances, not a checklist)
- Illinois v. Wardlow, 528 U.S. 119 (flight on police approach is suspicious and may inform probable cause)
- Devenpeck v. Alford, 543 U.S. 146 (officer need only have probable cause for any offense; untruthful/evasive answers can support probable cause)
- United States v. Arvizu, 534 U.S. 266 (must consider whole picture; do not dismiss facts because they admit innocent explanations)
- Anderson v. Creighton, 483 U.S. 635 (qualified immunity protects officers who reasonably — but mistakenly — conclude probable cause exists)
- Brosseau v. Haugen, 543 U.S. 194 (in warrantless‑arrest context, a body of relevant case law usually required to clearly establish constitutional violation)
- Atwater v. Lago Vista, 532 U.S. 318 (warrantless arrest is reasonable if officer has probable cause)
- Payton v. New York, 445 U.S. 573 (Fourth Amendment protects against unreasonable seizures of the person)
- Malley v. Briggs, 475 U.S. 335 (qualified immunity aims to protect all but plainly incompetent or knowing violators)
- Hunter v. Bryant, 502 U.S. 224 (clearly established law must be settled at the time)
- Saucier v. Katz, 533 U.S. 194 (rule must clearly prohibit officer’s conduct in the particular circumstances)
