Bogan v. City of Chicago

In section 1983 action alleging that defendants-police officials violated plaintiff's 4th Amendment rights when, without warrant, they entered and searched her home for fugitive whom defendants believed had previously entered plaintiff's home, Dist. Ct. did not err in instructing jury that plaintiff bore burden of showing by preponderance of evidence that reasonable officer would not have believed that crime suspect was in plaintiff's home, since instruction correctly stated applicable law. Moreover, record supported jury's finding in defendants' favor given evidence that police received tip during search for fugitive that fugitive was located in back porch adjacent to plaintiff's home.