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POOLAW v. MARCANTEL

No. 07-2254.

565 F.3d 721 (2009)

Rick POOLAW; Cindy Poolaw; Chara Poolaw, Plaintiffs-Appellees, v. Greg MARCANTEL and Timothy Hix, in their individual capacities, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

May 4, 2009.

Attorney(s) appearing for the Case

William D. Slease (Jonlyn M. Martinez with him on the briefs), Slease & Martinez, P.A., Albuquerque, NM, for the Defendants-Appellants.

George L. Bach, Jr. (Jane Gagne and Philip B. Davis with him on the briefs), ACLU of New Mexico, Albuquerque, NM, for the Plaintiffs-Appellees.

Before LUCERO, ANDERSON, and O'BRIEN, Circuit Judges.

LUCERO, Circuit Judge.

This case requires us to address the extent to which a familial connection to a suspect supports either probable cause for a search warrant or reasonable suspicion for an investigative detention. Following the murder of Bernalillo County Sheriff's Deputy James McGrane, Lieutenant Gregg Marcantel and Detective Timothy Hix obtained a warrant and ordered the search of property belonging to Rick and Cindy Poolaw, the parents-in-law of the primary...

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