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MANZANARES v. HIGDON

No. 07-2156.

575 F.3d 1135 (2009)

Danny MANZANARES, Plaintiff-Appellant, v. Sean HIGDON, an officer of the Albuquerque Police Department, in his individual capacity, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 10, 2009.

Attorney(s) appearing for the Case

Dennis W. Montoya, Montoya Law, Inc., Rio Rancho, NM, for Plaintiff-Appellant.

Kathryn Levy, Deputy City Attorney, City of Albuquerque Legal Department, Albuquerque, NM, for Defendant-Appellee.

Before TACHA, EBEL, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

We are asked to decide whether law enforcement officers may remain in a home absent probable cause when consent to enter is granted but later revoked. We also consider whether the Fourth Amendment permits 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. Our jurisdiction arises under 28 U.S.C. § 1291. We reverse and...

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