Carter v. Morris
164 F.3d 215 (4th Cir. 1999)
Holding
Officers who burst into a home without warning, pointed guns at occupants' heads, and used excessive physical force during the execution of a search warrant violated the Fourth Amendment, and were not entitled to qualified immunity because the right to be free from excessive force during the execution of a warrant was clearly established.
In Carter v. Morris, officers burst into a Virginia home without warning during the execution of a search warrant. According to the plaintiff’s account, one officer put a gun to her ear while another pointed a weapon at her head. The occupants were subjected to excessive physical force despite posing no threat and not resisting. The plaintiff filed a § 1983 action alleging that the officers violated her Fourth Amendment rights through the use of excessive force during the warrant execution.
The Fourth Circuit, in a decision cited over 455 times, held that the officers were not entitled to qualified immunity. The court applied the Graham v. Connor objective reasonableness standard and found that the level of force used—including pointing firearms at the heads of non-threatening, non-resisting occupants and using physical force without justification—was clearly excessive given the circumstances. The court emphasized that while officers executing a warrant may use reasonable force to secure the premises, the force must be proportional to any actual threat presented.
The court also addressed the manner of entry, noting that bursting into a home without any warning raised additional Fourth Amendment concerns. The decision reinforced that the Fourth Amendment’s protections are at their strongest in the home, and that officers cannot treat every warrant execution as a military-style raid regardless of the circumstances. The court found that the right to be free from this type of gratuitous force during a warrant execution was clearly established, denying the officers the protection of qualified immunity.
For pro se litigants in Virginia and the Fourth Circuit, Carter v. Morris is important authority for challenging excessive force during search warrant executions—a common scenario in § 1983 litigation. The case establishes that officers cannot point guns at people’s heads, use physical force against non-resisting occupants, or enter without warning when there is no exigency justifying such tactics. If you experienced excessive force during a police search of your home, this case provides strong precedent for your claim.