Manzanares v. Higdon, No. 07-2156

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.

Read Manzanares v. Higdon, No. 07-2156

Appellate Information

Filed August 10, 2009

Judges

Opinion by Judge Lucero

Counsel

For Appellant:

Dennis W. Montoya, Montoya Law, Inc., Rio Rancho, NM

For Appellee:

Kathryn Levy, Deputy City Attorney, City of Albuquerque Legal Department, Albuquerque, NM