· 8/10/2009
Manzanares v. Higdon
Citations
- 575 F.3d 1135
- 2009 U.S. App. LEXIS 17817
- 2009 WL 2430643
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that both probable cause and either a warrant or exigent circumstances are required “to seize an individual in his home”
- concluding officer was compelled to leave after consent was withdrawn by the person who initially granted it
- indicating that detention of 90 minutes or longer constitutes arrest, rather than investigative detention
- collecting precedent clearly establishing the right to limit, qualify, or withdraw consent to a warrantless entry
- rejecting the idea “that the existence of a grey area between arrests and investigative detentions means that no reasonable officer can ever understand that he has arrested a suspect”
- “[B]ased both on the duration of the detention and the use of forceful measures, we hold that Manzanares was arrested....”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tacha, Ebel, Lucero
Read full opinion on CourtListenerSourced 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.