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· 11/22/2006

Fishbein Ex Rel. Fishbein v. City of Glenwood Springs

Citations

  • 469 F.3d 957
  • 2006 U.S. App. LEXIS 28956
  • 2006 WL 3378436

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that “[t]he protective-sweep doctrine” provides “an exception to the Fourth Amendment’s warrant requirement”
  • noting that focus of inquiry is reasonableness of officers' belief that they were in danger; finding that inquiry was satisfied when officers arrested parents and knew teenage son could be in house and could be armed
  • noting that focus of inquiry is reasonableness of officers’ belief that they were in danger; finding that inquiry was satisfied when officers arrested parents and knew teenage son could be in house and could be armed
  • relying on undisputed evidence in reviewing interlocutory appeal from denial of summary judgment based upon qualified immunity
  • noting, in the context of rejecting a civil suit challenge to a protective sweep, that \estimates regarding how long the officers were in the home range from thirty seconds to slightly less than five minutes\
  • upholding sweep with duration of five minutes

Source: CourtListener parenthetical corpus (CC0).

Judges: Briscoe, McCONNELL, Siler

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.