Legal Feature


Ruling in Amy Young, et al. v. Gary S. Borders, et al.



March 24, 2017

According to a federal appeals court, police will not be held accountable for banging on the wrong door at 1:30 am, failing to identify themselves as police, and then repeatedly shooting and killing the innocent homeowner who answered the door while holding a gun in self-defense. Although 26-year-old Andrew Scott had committed no crime and never fired a single bullet or lifted his firearm against police, he was gunned down by police who were investigating a speeding incident by engaging in a middle-of-the-night “knock and talk” in Scott’s apartment complex.

In ruling in favor of qualified immunity for police, the U.S. Court of Appeals for the Eleventh Circuit has given law enforcement agencies further incentives to engage in aggressive “knock and talk” practices, which have become thinly veiled, warrantless exercises by which citizens are coerced and intimidated into “talking” with heavily armed police who “knock” on their doors in the middle of the night.