United States Tenth Circuit

In a 42 U.S.C. section 1983 action alleging an unlawful search, judgment for defendants is reversed where: 1) officers may not remain in a home absent probable cause when consent to enter is granted but later revoked; and 2) the Fourth Amendment does not permit detention of an individual for the duration of an investigation based on a police hunch that the individual may provide aid to a suspect if allowed to leave police custody.

Appellate Information

• Decided 08/10/2009
• Published 08/10/2009

Judges

• LUCERO, Circuit Judge., Before TACHA, EBEL, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Dennis W. Montoya, Montoya Law, Inc., Rio Rancho, NM, for Plaintiff-Appellant.


• For Appellees:
  
• Kathryn Levy, Deputy City Attorney, City of Albuquerque Legal Department, Albuquerque, NM, for Defendant-Appellee.