State of Missouri v. Hunt, 2014 WL 298631 (Mo. Ct. App. Jan. 28, 2014)

A sheriff’s deputy forced his way into a mobile home to arrest a fugitive.  He scuffled with the fugitive while effecting the arrest. The deputy was convicted of burglary, assault, and property damage.  The appellant was represented by three retired judges of the Missouri Supreme Court.  Michael Gross was retained by the Missouri Fraternal Order of Police to write an amicus brief opposing the conviction of a law enforcement officer for burglary based on forced entry into a residence to detain a fugitive for whom the officer has a felony arrest warrant.  The Court of Appeals held that the officer had authority to break open any door or window of a dwelling in effecting the arrest.  It reversed the burglary conviction.  Because the evidence could have supported a finding that the officer entered the residence for the purpose of committing assault rather than effecting the arrest, the appellate court remanded the case for a new trial before a properly instructed jury.

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