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Civil rights Keyed to Jeffries, 5th Ed.
Allen v. McCurry
Citation:
449 U.S. 90 (1980)Facts
In April 1977, undercover police officers went to Willie McCurry’s house in St. Louis to attempt a heroin purchase based on an informant’s tip. When officers Allen and Jacobsmeyer knocked on the door, McCurry initially went back inside, then returned firing a pistol at them, seriously wounding both officers. After a gun battle, McCurry retreated into his house and later surrendered. Officers then entered the house without a warrant to search for other persons and seized drugs and contraband in plain view, as well as additional items from dresser drawers and auto tires on the porch. McCurry was charged with heroin possession and assault with intent to kill. At his suppression hearing, the trial court excluded evidence from the drawers and tires but allowed evidence found in plain view. After his conviction, McCurry filed a § 1983 action for $1 million in damages against the officers, alleging Fourth Amendment violations and assault after his arrest.
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