PAGÁN-GONZÁLEZ v. MORENO

No. 16-2214.

919 F.3d 582 (2019)

David PAGÁN-GONZÁLEZ, et al., Plaintiffs, Appellants, v. Ana MORENO, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

March 22, 2019.


Attorney(s) appearing for the Case

Osvaldo Carlo-Linares , San Juan, PR, with whom Carlo Law Office, LLC was on brief, for appellants.

Joseph F. Busa , Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, with whom Chad A. Readler , Acting Assistant Attorney General, Rosa Emilia Rodríguez-Vélez , United States Attorney, and Mark B. Stern , Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, were on brief, for appellees.

Before Torruella, Lipez, and Barron, Circuit Judges.


This case requires us to consider the constitutional boundaries for the use of deception by law enforcement officers seeking consent for a warrantless search. We conclude that the search at issue here violated the Fourth Amendment because the circumstances — including a lie...

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