Cengage Advantage Books: Business Law 9th Edition by Arnold Goldman ,William Sigismond

Exercise 7

Ryburn and Zepeda, police officers, responded to a call from the principal at Jefferson High School in Burbank, California. The principal informed them that Vincent Huff, a student at the school was rumored to have written a letter threatening to "shoot up" the school. He asked the police officers to investigate the rumor. They started by interviewing several students at the school. The officers additionally learned that Vincent had been absent from school for two days because he was frequently subject to bullying. The officers decided to continue the investigation by interviewing Vincent at his home. They rang the doorbell but no one answered although Vincent and his mother were inside. Vincent and his mother finally came to the door and the officers advised Vincent that they were here to discuss the threat to discuss the threats he had made. The officers then asked if they could continue the discussion inside, but Mrs. Huff refused. Officer Ryburn then asked Mrs. Huff if there were any guns in the house. Mrs. Huff responded by running into the house. Ryburn became cautious not knowing what Mrs. Huff was trying to hide, and followed her into the house. Vincent then entered the house behind Officer Ryburn, followed by Officer Zedapa. No guns were found. All parties then ended up in the living room and discussed the case. The police officers concluded that the rumor about Vincent was false, and they reported that conclusion to the school principal. Mrs. Huff then brought an action against the officers alleging that they violated her Fourth Amendment rights by entering their home without a warrant. Should Mrs. Huff be successful in court action? (Ryburn, At Al v. George R. Huff, Et Al. on petition for writ of certiorari to the U.S. Supreme Court of Appeals for the 9th Circuit)