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FISHBEIN v. CITY OF GLENWOOD SPRINGS, COLORADO

No. 05-1013.

469 F.3d 957 (2006)

Scott FISHBEIN, by and through his mother and next friend, Shelley FISHBEIN; Aaron Hughes, by and through his father and next friend, Cliff Hughes; Shelley Fishbein; Mark Fishbein, Plaintiffs-Appellees, v. CITY OF GLENWOOD SPRINGS, COLORADO; Terry Wilson, individually and in his official capacity as Glenwood Springs Police Chief; Bill Kimminau, individually and in his official capacity as Glenwood Springs Police Lieutenant; Christopher M. Danielson; Neil Wagstrom, individually and in his official capacity as Glenwood Springs Police Officer; Aaron Munch, Defendants, and Bryan Keiter, individually and in his official capacity as Glenwood Springs Police Officer; Matthew Hagberry, individually and in his official capacity as Glenwood Springs Police Officer, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

November 22, 2006.

Attorney(s) appearing for the Case

J. Andrew Nathan and Bernard Woessner of Nathan, Bremer, Dumm & Myers, P.C., Denver, CO, for Defendants-Appellants City of Glenwood Springs, Colorado.

Theodore G. Hess of The Law Firm of Ted Hess, P.C., Glenwood Springs, CO, for Plaintiffs-Appellees, Scott and Shelley Fishbein.

Before BRISCOE, McCONNELL, and SILER, Circuit Judges.

McCONNELL, Circuit Judge.

Glenwood Springs, Colorado, police officers claim their warrantless intrusion into the home of Mark and Shelley Fishbein was necessary to protect officers' safety. Mr. and Mrs. Fishbein claim the search violated the Fourth Amendment. While officers may not perform so-called protective sweeps simply as a matter of course, we conclude here that the defendant police officers reasonably believed they...

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