United States Seventh Circuit

Summary judgment was improperly granted to detective in this section 1983 unlawful arrest claim. Consent to enter plaintiff's house, procured by falsely stating that the police had a search warrant, was no consent at all; answering a knock is not consent to enter; police cannot seize anything they see inside the house when the front door swings open in response to a knock.

Appellate Information

• Decided 05/14/2004
• Published 05/14/2004

Judges

• POSNER, Circuit Judge., Before POSNER, DIANE P. WOOD, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Sean L. Hadley, Pendleton, IN, for Plaintiff-Appellant.


• For Appellees:
  
• Robert T. Keen, Jr., Miller, Carson, Boxberger & Murphy, Fort Wayne, IN, for Defendant-Appellee.