United States Tenth Circuit

In an action against police officers for violating the Fourth Amendment when they entered and searched plaintiff's home and detained her son, the denial of summary judgment based on qualified immunity is reversed where: 1) the Fourth Amendment evaluated reasonableness based upon what the officers reasonably believed at the time, and it did not matter that, in retrospect, information provided to the officers was wrong; and 2) the search was justified by exigent circumstances because there was an urgent need to protect those at the high school against a possible bomb threat.

Appellate Information

• Decided 04/13/2010
• Published 04/13/2010

Judges

• KELLY, Circuit Judge., Before KELLY, EBEL, and BRISCOE, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Jose Coronado, Las Cruces, NM, for Plaintiff-Appellee., Jared Abrams, Senior Assistant City Attorney for the City of Las Cruces, Las Cruces, NM, for Defendants-Appellants.