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.
Filed August 10, 2009
Opinion by Judge Lucero
Kathryn Levy, Deputy City Attorney, City of Albuquerque Legal Department, Albuquerque, NM