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· 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  • concluding officer was compelled to leave after consent was withdrawn by the person who initially granted it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 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.